What to Expect if You Share Blame for a Fort Wayne Car Accident

In some car accidents, fault can be assigned to both drivers involved. If you share blame for a car accident in Fort Wayne, Indiana, you may be wondering if you can still recover compensation for your injuries and losses. Thankfully, you can still file a personal injury lawsuit, but the court will decrease the damages you might be awarded by your percentage of fault. However, if you are found to be more than 50% at fault, you will not be entitled to compensation. If you are partially to blame for causing a car accident, it is best to speak with an attorney from Delventhal Law Office, LLC to understand your rights and legal options. 

Statute of Limitations on Car Insurance Claims

In Indiana, there is a statute of limitations for car accident lawsuits. A statute of limitations is a legal deadline for filing a lawsuit. This time frame starts the day the crash takes place. You have two years to file a lawsuit in the state. Once this deadline expires, any court won’t hear your lawsuit, although some exceptions to this rule apply. 

Will Your Claim End in Trial?

Not all car accident claims go to court. Most insurance companies will try to settle claims out of court to avoid court costs and the stress associated with litigation. To come to a settlement, these companies will compute payouts based on your fault percentage. 

Whether you choose to negotiate for a claim settlement or take your case to court, you must understand that there is no specific formula to determine fault. Every case is resolved individually. This is the reason you should have an attorney involved in the process as soon as possible. They can better determine what steps to take and keep you informed of the possible damages you can recover. 

Steps to Take After a Car Accident

After a car accident that resulted in personal injuries, vehicle damage, or death, you must report it to authorities right away. When law enforcement is notified, you must contact a lawyer to help you file a car accident claim with your insurer or the at-fault party’s insurance company. Your attorney can start collecting evidence to support your claim. After you have reached maximum medical improvement, your attorney can calculate the worth of your claim and send a demand package to the insurance company. If they cannot reach a settlement with the insurer, they can take your case to court.