Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
1. Distinguish Your Property Damage Claim
After an accident, Indiana law treats vehicle damage (property damage) and bodily injury as separate claims. Your property damage claim covers repair costs, replacement value, diminished value and related expenses. Your bodily injury claim covers medical bills, lost wages and pain and suffering.
2. Review Insurance Policies and Statutory Requirements
Indiana requires drivers to carry minimum liability coverage of $25,000 per person/$50,000 per accident for bodily injury and $10,000 for property damage. See Ind. Code §27-7-2-4. Confirm both your own policy and the at-fault driver’s policy meet these limits before filing your PD claim.
3. Collect Evidence and Documentation
• Photograph all vehicle damage from multiple angles immediately after the accident.
• Obtain repair estimates from reputable, licensed repair shops.
• Keep receipts for towing, storage, rental car expenses and any inspection fees.
4. Notify the At-Fault Driver’s Insurer
Send a written demand letter to the at-fault driver’s insurance company. Include:
• Date, time and location of the accident
• Description of vehicle damage
• Copies of repair estimates and receipts
• Your demand for payment of documented expenses
Retain proof of delivery, such as certified mail or email read receipts.
5. Negotiate a Settlement
The insurer will likely respond with an initial offer. Compare it to your documented costs. Negotiate by presenting objective evidence like multiple repair estimates. If your policy includes appraisal or mediation provisions, consider invoking them to resolve valuation disputes.
6. File a Lawsuit if Needed
If negotiations stall or the insurer undervalues your claim, you can file suit. In Indiana small claims court, the limit is $8,000. For higher amounts, file in circuit or superior court. Indiana’s statute of limitations for property damage is two years from the date of the accident. See Ind. Code §34-11-2-4.
Helpful Hints
- Maintain your own file with all photos, estimates and receipts.
- Send all correspondence in writing and retain copies.
- Use rental reimbursement coverage if your policy includes it to limit out-of-pocket expenses.
- Obtain at least two independent repair estimates to strengthen negotiations.
- Consult a qualified attorney if the insurer refuses to pay fair market repair costs.