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Which Insurance Do I Claim in a Car Accident?

May 10, 2021 | Auto Accident


Indiana is an at-fault state for car accidents. That means that after an accident, the victim can file a claim with the car accident insurance of the at-fault driver. You do not have to file a claim through your own insurance company to get your vehicle fixed or your medical bills paid. 

To be able to file a claim with the other driver’s insurance company, you’ll need to establish fault. There are several ways you can do this. We’ll explain how to establish fault and discuss important car accident insurance laws to know. 

Establishing Fault After a Car Accident

Figuring out who is at fault for a car accident can be complicated. In these circumstances, there are some key pieces of evidence that you should collect to present to the insurance company.

  1. Police report: It’s always smart to call 9-1-1 after an accident to have law enforcement file a police report and document the scene. While the police report won’t entirely show who is at fault, it can aid in providing proof of what happened.
  2. Accident photos: Showing the impacts on all vehicles involved and their damages can help tell the story of what happened in an accident. Skid marks on the road can also help, along with road signage and intersections.
  3. Witness testimony: Witnesses who saw the accident take place can help solidify details or confirm actions taken by the at-fault driver.

Once you open a claim with the insurance company, they’ll likely open an investigation. Even with all this evidence, the insurance company might not accept liability for the claim.

If this happens, you might need to file a claim against your own insurance policy and hire an attorney to pursue damages from the at-fault party.

Indiana Car Accident Insurance Requirements

To protect all drivers on the road, Indiana requires that all motorists carry minimum car insurance. The coverage required in a policy includes:

  • Bodily injury liability of $25,000 per person and $50,000 per accident
  • Property damage liability of $25,000 per accident
  • Uninsured motorist bodily injury of $25,000 per person and $50,000 per accident
  • Uninsured motorist property damage of $25,000 per accident
  • Underinsured motorist bodily injury of $50,000 per person and per accident

Drivers can choose to waive the uninsured and underinsured motorist (UIM) coverage options by rejecting them in writing.

These limits matter because they’ll impact your ability to file an insurance claim against the other driver. For example, if you drive a $50,000 car that gets totaled in an accident and the at-fault driver has the minimum state insurance, you may have to file for the $25,000 in coverage from the at-fault driver’s insurance and cover the rest of the property damage through your insurance policy.

The same can be true for accidents involving serious injuries and large medical bills. And in the case of an accident with an uninsured motorist, you could be filing the entire claim against your insurance policy.

With so many variables and an inability to trust insurance companies, it’s challenging for car accident victims to know what to do after an accident. That’s where talking to a car accident attorney can be extremely helpful.

If you have any questions about insurance policies and accident evidence, we’ll help you sort through how to file a claim. Schedule a free consultation with Stewart & Stewart to gain a better understanding of your rights after a car accident and how to get your bills paid.

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If you have been involved in an Indiana personal injury accident, contact us at Stewart & Stewart Attorneys. Our Indiana personal injury lawyers represent victims throughout the state, including Carmel and Anderson. We have also successfully advocated for clients throughout the area, including Fort Wayne, Gary, Indianapolis, South Bend. Complete a free online consultation form or call us at (800) 33-33-LAW!

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