Mistakes to Avoid When Filing a Motorcycle Injury Claim in Indiana

Posted on February 28, 2025 by admin

Riding a motorcycle provides a sense of freedom and excitement unmatched by other forms of transportation. But unfortunately, motorcycle riders are far more exposed to injury risks on the road. When an accident happens, filing a motorcycle injury claim is vital to securing the compensation you need to cover medical expenses, lost wages, pain and suffering and other damages.

However, the process can be complicated—especially if you make critical errors along the way. This blog will help Indiana motorcycle riders identify and avoid common mistakes so they can protect their rights and maximize their personal injury compensation. By the end, you’ll have actionable insights to ensure your claim is handled correctly.

Call 317-881-2700 for Motorcycle Accident Claim Assistance in Indianapolis Indiana

Common Filing Mistakes Made in Motorcycle Injury Claims

Successfully filing a motorcycle injury claim requires careful attention to detail. Mistakes made early on can have long-lasting consequences, impacting your ability to receive the compensation you deserve. Below are some of the most common errors to watch out for.

Failing to Document the Accident Scene Properly

One of the first and most crucial steps after an accident is gathering evidence. Riders who fail to thoroughly document the accident scene may struggle to prove fault later in the legal process. Critical evidence such as photos, videos, witness statements, or police reports can protect you and strengthen your claim. The most important thing to do is to call the police as they will conduct an investigation and your attorney can then seek this information from the police.

Not Seeking Immediate Medical Attention

Even if your injuries appear minor, waiting to seek medical care can work against your case. Some injuries, like whiplash or internal trauma, don’t become apparent until hours or even days or weeks, sometimes even months, after the accident. Delaying medical care not only impacts your health but also gives insurance companies arguments to dispute the severity of your injuries or whether or not your injuries were caused in the wreck.

Missing the Statute of Limitations

Indiana law has a statute of limitations for motorcycle accident claims. If you wait too long to file your claim, you could lose the opportunity to seek compensation altogether. Typically, you have two years from the date of the accident to file a personal injury lawsuit in Indiana. If the at-fault party is a governmental entity, you can have as little as 6 months so talk with and attorney as soon as you can after your collision.

Making Statements to Insurance Companies

Making statements to insurance companies can undermine your case. Remember, no matter how friendly an insurance representative may seem, their priority is to minimize payouts. A single careless comment could be misinterpreted and used against. You should always speak with an attorney before you speak with any insurance adjuster, including your own.

Not Hiring an Experienced Motorcycle Accident Attorney

“Going it alone”, that is, without legal representat i on, can severely reduce your chances of securing a full and fair settlement. Motorcycle injury claims are complex, requiring specialized knowledge to prove fault, calculate damages, and negotiate with insurance companies. Many riders underestimate just how much value an experienced motorcycle accident attorney can add. Moreover, most people do not understand that if you settle your case with the defendant’s insurance company, you still have to reimburse whichever health insurance carrier you had at the time who paid for medical expenses caused by the wreck. Your attorney can help negotiate the reimbursement amount down, which puts more money in your pocket from the settlement.

The Impact of Personal Injury Claim Errors

Why are these filing errors so significant? Each one has the potential to negatively impact your motorcycle injury claim in specific ways:

Lack of Evidence: Without proper documentation, proving fault in your case becomes difficult, leaving you at the mercy of conflicting accounts and opposing claims.
Questionable Injuries: Delayed medical attention allows insurance companies to argue that your injuries were exaggerated, pre-existing, or unrelated to the accident.
Lost Legal Rights: Missing the statute of limitations can strip you of your ability to recover any compensation, no matter how strong your case is.
Reduced Compensation: Mishandling communication with insurers may result in lower settlement offers—or outright denials.
Weaker Case Strategy: Without an attorney, you will be outmatched by the insurance company’s legal team, which could drastically reduce your claim value. Insurance company attorneys handle thousands of these cases and you should have a personal injury attorney with the same experience level.

How to Avoid Filing Mistakes

The good news? Each of these mistakes can be avoided with foresight and knowledge. Here’s how to handle your claim the right way from start to finish.

Guidelines for Proper Accident Scene Documentation

Take Photos and Videos: Capture images of your motorcycle, the other vehicle(s) and driver, road conditions and the general scene, and any visible injuries.
Collect Witness Information: Obtain names and contact details of bystanders who saw the accident.
File a Police Report: An official report provides an unbiased account of the incident and is a valuable piece of evidence. The evidence collected in order for the officer to do the report is incredibly valuable. In addition, a lot of officers now have body cameras which may re on.

Seeking Immediate Medical Attention and Follow-Up Care

Even if you’re feeling “okay,” see a doctor immediately after the accident. Nobody ever wants to go to the doctor and everybody thinks to themselves “oh, I’ll be fine in a couple of days”. Not treating in those few days or weeks is a mistake because the insurance adjuster will argue that you were not really hurt or not hurt that bad if you didn’t immediately go see a doctor.
Request a comprehensive medical evaluation to document your injuries in detail.
Follow all prescribed treatments and attend follow-up appointments to demonstrate your commitment to recovery. While things happen in life, it is obviously best if you can make all appointments as scheduled.

Understanding the Statute of Limitations in Indiana

Hire an attorney as soon as possible. Your attorney will mark the two-year deadline on your calendar as soon as the accident occurs so the deadline to file is not ever missed.
Don’t wait until the last moment to file your claim—acting early allows you to document a stronger case and to obtain evidence before it disappears and before witnesses start to lose their detailed memories of the wreck.

Tips on Dealing with Insurance Companies-Don’t

Don’t deal with the insurance companies. Let your attorney do that for you.
Do not provide a written or recorded statement without first consulting a motorcycle accident lawyer.
Refer all correspondence to your legal representative to avoid missteps.

Reasons to Hire a Specialized Motorcycle Accident Attorney

Expertise in Proving Fault: An attorney will gather and analyze evidence to prove that the other party was negligent.
Accurate Claim Valuation: They’ll calculate the full scope of damages, including future medical costs, pain and suffering, and lost earning potential.
Negotiation Skills: Insurance companies are more likely to offer full and fair settlements when faced with experienced legal counsel.

IN SUMMARY

If you’re a motorcycle rider in Indiana, filing a motorcycle injury claim correctly can mean the difference between a long financial struggle and getting the full compensation you need. Avoiding common mistakes—like failing to document the scene, delaying medical care, missing deadlines, or skipping legal representation—will go a long way in safeguarding your rights.

Don’t leave your financial future up to chance. Consulting an experienced motorcycle injury attorney can give you the support and expertise you need to document a strong case.

Need help with your claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced motorcycle accident lawyer in Indianapolis, Indiana. We do not require any upfront lawyer fees and only get paid if we obtain a settlement or an award for you.

How Fault Is Proven in an Indiana Auto Accident That Injures Someone

Posted on January 24, 2025 by admin

Auto accidents can be life-altering events, leaving victims with physical injuries, emotional trauma, and financial burdens. For Indiana drivers and accident victims, understanding how fault is determined is crucial for recovering compensation through a personal injury claim. But how exactly does Indiana law define and prove fault in these situations?

This blog will guide you through the process. We’ll cover Indiana’s legal approach to fault, the steps involved in proving fault, the challenges accident victims might face, and how fault impacts personal injury claims. Whether you’re a car accident victim looking for justice or simply an informed driver, this post provides actionable insights to help you.

Call 317-881-2700 to Speak With an Auto Accident Injury Attorney in Indiana

How Fault is Determined in an Indiana Auto Accident

Understanding Indiana’s Comparative Fault Law

Indiana uses a comparative fault system, which means fault can be shared between multiple parties in a motor vehicle accident. Under this system, the ability to recover compensation depends on your percentage of fault. If an individual is found to be more than 50% at fault for the accident, they lose the right to recover damages.

For example, if you’re involved in a motor vehicle accident and are determined to be 20% at fault, your compensation will be reduced by that percentage. If your damages amount to $10,000, you’ll receive $8,000 after the 20% reduction.

Factors Used to Determine Fault

Several factors are considered when determining fault in Indiana auto accidents, including:

Traffic Laws: Violations such as speeding, running a red light, or failing to yield can establish fault.
Police Reports: Police officers at the scene often create detailed accident reports that can provide a professional assessment of what occurred.
Evidence: Physical evidence like skid marks, vehicle damage, and traffic camera footage play a critical role in uncovering the sequence of events.
Witness Statements: Statements from third-party witnesses who saw the accident unfold can provide valuable neutral perspectives on what happened.

Steps to Proving Fault in an Indiana Auto Accident

Successfully proving fault involves a combination of immediate actions after the accident and thorough documentation. Here are the key steps:

1. Take Action Immediately at the Scene

Document the Scene: Use your phone to capture photos and videos of the accident scene, vehicle positions, the persons involved, weather conditions, and any visible injuries.
Collect Witness Information: Speak to witnesses and get their contact details. Their accounts could play a pivotal role later.
File a Police Report: Always call the police to report the accident, even if it seems minor. Their report will become valuable evidence.

2. Seek Medical Attention Promptly

Even if your injuries seem minor, seek medical attention to ensure they’re properly documented. Injuries like whiplash or internal trauma often don’t show symptoms immediately but can worsen over time. If you do not seek immediate medical attention, the at-fault party’s insurance carrier will try to argue you were not injured.

Document Your Medical Records: Keep thorough records of medical treatments, prescriptions, and any related expenses. Your attorney will obtain this information for you as well but anything you hold onto is helpful.

3. Work with an Auto Accident Attorney

Experienced car accident lawyers in Indiana can guide you through the complex process of proving fault. They assist with:

Gathering Evidence: Your attorney will collect police reports, photos, videos, dash and body camera videos from the police, witness statements and work with accident reconstruction specialists.
Negotiating with Insurance Companies: Oftentimes, insurance companies attempt to minimize payouts or dispute fault. A skilled attorney ensures your rights are protected.
Documenting a Strong Personal Injury Claim: Your lawyer will ensure your claim includes the best evidence possible to establish the other party’s fault and demonstrate the extent of your damages.

Common Challenges in Proving Fault

While proving fault is essential, several challenges could complicate the process:

Hit-and-Run Accidents

If the at-fault driver flees the scene, it becomes significantly harder to identify and prove their role in the accident. Witnesses, surveillance footage, and police investigations typically take center stage in these cases.

Multi-Car Accidents

Accidents involving multiple vehicles can complicate fault allocation. Determining how much each party contributed to the collision requires a thorough review of evidence and expert analysis.

Defenses by At-Fault Parties

At-fault drivers (and their insurance companies) may attempt to shift blame onto you. For instance, they could argue that your actions contributed to the accident, even if minimally, in an attempt to reduce your settlement amount.

How Fault Affects Personal Injury Claims

Once fault is determined, it directly impacts the personal injury claims process and the compensation you may be eligible for. Here’s how:

Recovering Compensation

Under Indiana’s comparative fault rule, your compensation depends on your level of fault. This makes proving the other party’s negligence critical for maximizing your settlement.

The Role of Insurance Companies

Insurance companies conduct their own investigations to determine fault, which may not align with police reports or your interpretation of the incident. They often prioritize minimizing payouts, making it essential to provide clear, objective evidence of fault.

Compensable Damages

A car accident attorney can ensure all potential damages are accounted for in your claim. Proving fault allows accident victims to seek damages for:

Medical expenses
Lost wages
Pain and suffering
Property damages

Immediately Seek Legal Help

Understanding fault in an Indiana motor vehicle accident is challenging, especially for those recovering from injuries or unfamiliar with the legal landscape. However, you don’t have to face this alone. An experienced car accident lawyer will make all the difference in protecting your rights and recovering fair compensation.

If you’re dealing with car accident injuries or starting the personal injury claims process, reach out to discuss your case with a trusted attorney right away. They’ll provide guidance, handle negotiations, and ensure you’re well-represented every step of the way.

CONCLUSION

Navigating the complexities of fault in an Indiana motor vehicle accident can be overwhelming, especially while dealing with injuries and the aftermath of the incident. Understanding how fault is determined and the steps you should take to prove it is essential for protecting your rights and ensuring fair compensation. From gathering evidence and documenting injuries to working with experienced legal professionals, every action plays a crucial role in documenting a strong case.

Seeking help from a trusted auto accident attorney will lighten the burden and improve the outcome of your claim. Don’t face this challenging time alone—support is available to guide you toward justice and recovery.

Every car accident is unique, which is why getting tailored advice for your situation is so crucial. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free, initial consultation with an experienced auto accident attorney in Indianapolis. Protect your rights and maximize your potential compensation with the help of an experienced litigator. Call now before time runs out on your claim.

Craven, Hoover, & Blazek P.C.

Tag Archives: Auto Accident Injury Claims