What Can Go Wrong in an Indiana Injury Claim?

The common problems in an Indiana injury claim, from missed deadlines to social media posts, and how to avoid them.

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Common problems in an Indiana injury claim include missed deadlines, gaps in medical care, statements to the insurer, social media posts, and signing a release too soon. Most of them are avoidable.

1. What happens if I miss the deadline?

The claim can be lost for good. Indiana rule: most injury lawsuits must be filed within two years after the claim accrues (Ind. Code § 34-11-2-4). For most car crashes, that's two years from the wreck. Check yours with our deadline calculator. A government defendant is different in two ways: the written-notice deadline is short (generally 180 days for a city or county and 270 days for the state; Ind. Code §§ 34-13-3-8, 34-13-3-6), and Indiana's comparative fault law does not cover the claim (Ind. Code § 34-51-2-2).

2. Does waiting to see a doctor hurt my claim?

It can. Insurers often argue that if you were really hurt, you would have gone sooner. See What if I waited to see a doctor?

3. Can what I tell the other insurer hurt me?

Yes. An offhand "I'm fine" or "I didn't see them" can be used against you later. See Should I talk to the other driver's adjuster? and What if I already gave a recorded statement?

4. What if I'm blamed for part of the crash?

Indiana rule: your recovery is reduced by your share of fault, and you recover nothing if you are more than 50% at fault (Ind. Code § 34-51-2-6). More on being partly at fault.

5. Can social media posts hurt my claim?

Yes. Photos of you at a cookout or the gym can be used to say you aren't hurt. See What if I posted about my accident?

6. What if I sign a release too early?

Once you sign, the claim is usually over, even if you learn you need surgery later. See Should I accept the first settlement offer?

7. What if the other driver has only minimum insurance?

Indiana's minimum liability coverage is low: $25,000 per person and $50,000 per crash for bodily injury, and $25,000 for property damage (Ind. Code § 9-25-4-5). Serious injuries can cost far more. Your own uninsured/underinsured motorist coverage may help.

8. Will someone want to be paid back from my settlement?

Health insurers or other payers may ask to be paid back from a settlement. See what to check before accepting an offer.

9. What if a trial doesn't go my way?

If a case goes to trial, no one can promise the result. A jury can award less than an offer, or nothing.

More honest answers: minor car accidents · when you may not need a lawyer · how long a settlement takes · switching lawyers · all questions

Frequently asked questions

What are common problems in an Indiana injury claim?

Common problems in an Indiana injury claim include missed deadlines, gaps in medical care, statements to the insurer, social media posts, and signing a release too soon.

What is Indiana's minimum car insurance?

Indiana's minimum liability coverage is low: $25,000 per person and $50,000 per crash for bodily injury, and $25,000 for property damage (Ind. Code § 9-25-4-5).

What if I sign a release too early?

Once you sign, the claim is usually over, even if you learn you need surgery later.

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You can hire Poynter & Bucheri without visiting an office. We can talk through what happened in a free phone or video consultation. When you're ready, we'll email you the sign-up papers, and you can sign them electronically from your phone or computer. There's no appointment to drive to. Some later steps in a case, like a deposition, a medical exam or a court date, may need you in person, and we'll tell you ahead of time if one comes up. If English isn't your first language, we have access to professional interpretation. Call (317) 780-8000 or fill out our short form to get started. The consultation is always free, and we'll tell you honestly if you don't need us.

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