The Importance of Fort Wayne Car Accident Lawyers
Whether it’s a fender bender or a total car wreck, accidents are stressful. When injuries are added into the equation, they can become costly and painful nightmares that take years to recover from. Having Fort Wayne Car Accident Lawyers on your side who can guide you through the complex legal process of filing a car insurance claim or bringing personal injury claims to courts can be essential for you to get the full and fair compensation that you are entitled to.
Finding the right personal injury law firm is vital. Fort Wayne car accident lawyers help you talk to insurance companies, file claims, represent you in court, and ensure you understand the full scope of any offered settlements. At Crossen Law Firm, we uphold the highest standards of professionalism to ensure your trust in our legal expertise. Below, we’ll go through a few of the aspects where a personal injury lawyer from our law office can be helpful.
Call Crossen at 317-401-8626 today for a free consultation to learn how we can meet your car accident needs.
What Should You Do After an Accident?
There are some essential steps to take after a Fort Wayne accident, including:
Assess Damage and Make Calls
Immediately following a Fort Wayne accident, you should ensure that you and anyone with you are not seriously injured. Then, call emergency services. Even in the case of smaller accidents, the Fort Wayne Police Department should still be called. A police report can be one of the most important elements in proving what happened during an accident when filing an insurance claim. If you already have a car accident lawyer or know one, you should call them as well.
Gather Evidence
If you are able, you should also try to gather as much evidence as possible. This includes taking photographs of the accident scene. Photos should include any vehicle damage, surrounding environmental damage such as broken glass, and pictures of the signage and postings.
Photos of signs or traffic lights can be helpful, as they move to prove gross negligence on the part of the other driver. For example, if there is a sign that says no left turns on red but they did so, then that may help prove that they are at fault.
If you are unable to gather evidence, your Fort Wayne car accident lawyer will do so on your behalf.
Talk to Witnesses
Eyewitnesses can play a crucial part in determining who was at fault in a Fort Wayne car crash. If you are unable to gather contact information from them, a police report should include witness statements and information. Your lawyer may also be able to talk to businesses about obtaining any camera footage they may have.
Witnesses include:
- Passengers in your car: A passenger can corroborate your story. However, they are likely to be treated as a biased witness in car accident cases.
- Other drivers: Drivers who were not involved in the crash, but were in the vicinity, can offer evidence. This includes what happened during the car crash and who was at fault.
- Passengers in other cars: Passengers in those cars can also act as witnesses. In some cases, their evidence is helpful because they may notice more than a driver.
- Bystanders: When accidents happen in Fort Wayne, bystanders can often provide helpful testimonies about what occurred.
- Security cameras and dash cam footage: Nearby businesses may have surveillance video which can prove helpful. Video footage often serves as the most unbiased witness, so it can be extremely helpful in car accident cases. Additionally, if you have a dash cam, that footage can also be useful.
Seek Medical Attention
Fort Wayne car accident injury victims also may not always know when they’ve been injured. While broken bones and cuts are visible right away, other injuries can take days to fully appear. It is always the safest option to see a Fort Wayne doctor following a car accident.
A doctor will be able to thoroughly assess your injuries and make recommendations for treatment if needed. Having seen a doctor, you will also have a record of your medical care which is vital for any personal injury claims.
What Compensation Can Fort Wayne Accident Lawyers Help You Recover?
After a motor vehicle accident, bills mount up quickly. Whether property damage, vehicle repairs, medical care for bodily injuries, or lost wages, the financial stress quickly becomes a burden.
A car accident lawyer can help file personal injury claims to receive compensation for damages and lost income, as well as the pain and suffering that the auto accident has caused. Fair compensation often includes money to cover medical bills, lost wages, continuing medical care, rehabilitation costs, and more. If a loved one dies due to a car accident, wrongful death claims may also be involved.
In Indiana, punitive damages may be awarded to a car accident victim if the at-fault driver’s actions were particularly reckless or intentional. These damages go beyond just compensating for losses and are meant to punish the wrongdoer and deter similar behavior in the future. However, punitive damages are not common in typical car accident cases and usually require proof of extreme misconduct.
How To Handle Insurance Companies That Deny Your Claim
While a Fort Wayne car accident claim may sometimes be settled simply, with a settlement paid out, at other times the process can be challenging. The at-fault driver’s insurance company may refuse to settle or offer a settlement that is much lower than the full compensation that you are entitled to. A car accident lawyer is here to help in those cases.
Reasons Personal Injury Claims May Be Denied
While there are many reasons that a personal injury claim may be denied, here are some of the more common:
Lack of Coverage
If the at-fault driver in your Fort Wayne car accident doesn’t have enough coverage for your claim, the insurance adjuster at the other driver’s insurance company may deny your claim. You may then need to go through your own insurance company, as you would in cases where the driver at fault is uninsured.
Timing
Many insurance companies have a window of time when a car accident claim must be filed. This window is typically 30 days from the date of the accident.
However, please note that the statute of limitations to file a personal injury claim (such as against the individual who caused the accident) for a Fort Wayne car accident is two years from the date of the accident.
Lack of Medical Treatment
If you did not seek medical care for your injuries, an insurance company may deny your personal injury claim based on a lack of medical record documentation of the injuries. This is a primary reason why you should see a doctor, even if an injury isn’t immediately apparent. Many neck and spinal injuries can also worsen over time. If you don’t have immediate pain at the moment it may still become a larger issue.
Unable to Prove Liability
When there is no police or accident report made, or otherwise proof of liability, an insurance company may deny a claim. In addition to a police report, other ways to prove liability on the part of the other driver include evidence and witnesses.
What Can You Do If Your Claim Is Denied?
If your claim is denied, you may feel like panicking. However, there are ways to appeal or combat a denied claim.
Appeal the Denial
If a claim is denied, there are ways to appeal it. Often the chances of reversal are not high, but having a car accident lawyer on your side can greatly help.
Typically, an appeal involves writing a formal letter to the insurance company on why the claim decision should be reversed.
Filing a Complaint
If you have proof that your claim was denied in error, you can file a complaint through the Indiana Department of Insurance.
Pursuing a Lawsuit
If you believe your claim was valid and the insurance company acted in bad faith when denying it, consulting an insurance lawyer may be helpful. A lawyer can help you bring a lawsuit against the company if a claim was denied. They may also be able to call the insurance company and ask to have your claim reopened rather than starting a lawsuit, as well.
How to Handle Road Rage Situations
While many Fort Wayne car accidents are caused by distracted or negligent drivers, in some cases road rage can be a reason for the auto accident. Encountering road rage is a terrifying situation, but it’s essential to remain calm.
Avoid Engaging
Drivers in Fort Wayne road rage situations often feel rushed. It’s important to try to avoid them and ensure that you are not in their way. Allow them to pass if they are behind you and avoid eye contact or gestures while they are doing so.
Call the Police
In a situation where a Fort Wayne driver is being dangerously aggressive or is making you feel unsafe, contact the authorities. Provide as much identifying information as possible, such as the make, model, and license plate number.
Try to Find a Safe Place to Stop
While you may be tempted to continue to your destination, you should avoid doing so if it is your home, your place of work, or a residence. Instead, try to locate a nearby safe spot to stop instead. This could be a police station, but a public location such as a crowded business, with many witnesses, can also be a smart move. Do not get out of your car, keep your doors locked and windows up, as you call authorities.
Additionally, if a car driven by someone with road rage rams you or otherwise causes an accident, avoid interacting with the driver as best as you can.
What to Do If You’re Involved in a Fort Wayne Parking Lot Accident
One of the most common types of auto accidents is those that occur in parking lots. Many times drivers are in a rush to get from one place to another or may be distracted by their to-do lists, leading to many instances of rear-ending or other accidents on the part of a negligent driver.
Always Exchange Information
In any Fort Wayne car accident, you should exchange contact and insurance information with the other driver. This should include auto insurance policy and info such as the policy number and name holder.
If it is a case where you bump into a car and the driver is not around, you should leave a note with that information.
Seek Medical Attention
If you have any visible or suspected injuries after a motor vehicle accident, you should always consult a doctor as soon as possible. Car accident claims rely on having clear documentation. This includes medical services received for any injuries sustained when the auto accident occurred.
Contact Fort Wayne Car Accident Lawyers
Consulting a lawyer can see that your insurance claim goes smoothly whether you are seeking a settlement for car damages or medical bills due to bodily injury. Many accident victims find that they receive higher settlements if they consult with a lawyer about their case.
Should You Call the Fort Wayne Police?
While Fort Wayne parking lot car accidents are often minor, police should still be called if there is any damage to the vehicle. Indiana law requires that police must be called in any auto accident where injuries or damages exceed $1,000.
If the damage is minor, and no one is injured, you likely are not required to call the Fort Wayne police after a parking lot car accident. However, having a record of the accident can be vital for proving an insurance claim that you are trying to make or if a car accident lawsuit ends up going to court.
What Are Common Types of Parking Lot Accidents?
Common Northeastern Indiana parking lot accident types include:
- Cars being rear-ended while a car backs out of a parking space. Sometimes, if two cars are backing out at the same time, they may also bump into one another.
- The driver turns out in front of another car. When rushing to find that perfect parking spot, a driver may not notice incoming cars leading to a front-end or side collision.
- The driver pulls out of a parking space and into another vehicle. Visibility may be more limited in parking lots, which can lead to many blind spots when leaving a parking space.
Fort Wayne Car Accident FAQs
Can Passengers in the Car File a Lawsuit After an Auto Accident?
No matter who caused the car accident, a passenger in either car can file a lawsuit for damages after a car accident in Fort Wayne. Drivers in Indiana are required to hold insurance that covers injuries of those involved in car accidents. Personal injury lawyers representing passengers will try to discover which driver is liable for the accident so that they can claim the correct insurance company.
However, there are some exceptions to when a passenger can file a claim in Indiana. If the passenger is the spouse, parent, child, or sibling of the driver at fault they cannot claim that driver. Additionally, if the passenger was picked up while hitchhiking without paying for the ride, they cannot hold the driver liable.
How Much Does It Cost to Hire Fort Wayne Car Accident Lawyers?
In Indiana, Fort Wayne car accident lawyers use a contingency fee system. This means that the end cost of their services will vary depending on the results of the case, as they receive a percentage of whatever the settlement fee is. This percentage is set out during the initial consultations for your case. Generally the more experienced a firm is, and the more positive cases they’ve had, will mean a higher percentage.
While you might want to avoid the cost, personal injury cases represented by personal injury lawyers tend to have larger settlements. It is also likely to speed up the process of your claim versus you filing it on your behalf.
Car accident attorneys can help if the at-fault driver tries to avoid liability. They can also speak directly to the insurance company. This can avoid an insurance company from misleading you or trying to delay your settlement.
Fort Wayne car accident lawyers can help you judge if your settlement is a fair one. They can also help you decide if you should reject a settlement offer. An insurance company may intentionally give you a low offer. Or the might try to delay giving a settlement to stress you into accepting the offer. A lawyer will help you fight these instances with legal action. Start with a free consultation for your car accident case.
Contact Fort Wayne Car Accident Lawyers at Crossen Law Firm
If you have been involved in a car accident in Fort Wayne, Indiana, contacting car accident attorneys should be one of your first steps. The personal injury lawyers at the Crossen Law Firm are here to help. Our Fort Wayne car accident lawyers have years of combined legal experience. They work with accident victims, including motorcycle accidents, to help recover compensation for bodily injury and medical expenses.
Our attorneys are proud members of the Indiana State Bar Association and the Indiana Trial Lawyers Association. We stay up-to-date on the latest developments in Indiana personal injury law to better serve our Fort Wayne clients.
You can schedule a free consultation with our car accident lawyers online or by calling our law office at 317-401-8626 today.
Why Crossen Law Firm?
Call our office today at (317) 401-8626 to discuss your case.