Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Indiana attorney for guidance on your specific situation.
Detailed Answer
Under Indiana law, insurers owe claimants a duty to investigate and process personal injury claims in good faith. See Indiana Code Title 27, Article 4, Chapter 1 (Unfair Claim Settlement Practices). To improve your chances of having liability accepted promptly, follow these steps:
1. Seek Immediate Medical Attention
Obtain a medical evaluation as soon as possible. A prompt record of your injuries establishes causation and severity. Keep copies of all medical reports, bills and prescriptions.
2. Preserve Evidence and Give Timely Notice
Indiana law creates a duty to preserve evidence. See IC 34-51-2 (Duty to Preserve Evidence). Preserve photos of the scene, equipment, or vehicles involved. Notify the at-fault party’s insurer in writing within days of the incident. Early notice helps avoid disputes over delay.
3. Document Every Detail
Maintain a detailed log of:
- Date, time and location of the incident
- Names and contact information of witnesses
- Weather, lighting and road conditions (if applicable)
- All medical treatments and expenses
This comprehensive record supports your claim and counters insurer arguments.
4. Cooperate—But Provide Facts Only
Answer insurer questions and attend medical exams as requested. Stick to factual statements; avoid speculation. Never sign a broad release or provide recorded statements without legal review.
5. Send a Demand Letter
Prepare a clear demand letter outlining:
- Summary of the accident or injury
- Medical diagnosis, treatment and prognosis
- Itemized economic and noneconomic damages
- Your deadline for response (typically 30 days)
A well-organized demand letter often prompts insurers to evaluate liability and damages seriously.
6. Follow Up and Escalate if Needed
If you receive no response or a lowball offer, send a follow-up letter referencing the insurer’s obligations under IC 27-4-1. Mention potential bad faith claims if the insurer unreasonably denies liability.
Helpful Hints
- Photograph injuries over time to show healing or ongoing issues.
- Keep a medical expense folder with receipts, invoices and by whom treatment was provided.
- Use certified mail for all communications to establish delivery proof.
- Be mindful of Indiana’s two-year statute of limitations for personal injury claims (IC 34-11-2-4).
- Consider sending a spoliation letter if the insurer fails to preserve key evidence.