Who can you hold financially responsible for your car repairs after an accident? That depends. Both you and a car accident attorney need to consider what evidence of liability you have and who, in turn, you can name responsible for your recent accident. Only when you have the evidence to prove someone’s liability can you demand compensation for your losses.
In other words, several parties may have to pay for your car accident repairs, from another driver to a pedestrian to a corporation. It’s up to you and an Indiana personal injury attorney with Vaughan & Vaughan to investigate your losses and then meet with a liable party to move your case forward.
How do Car Accident Damages and Liability Go Together?
If you want to demand damages for your car accident losses or have someone else pay for your car’s repairs, you need to know who you have the right to hold liable for your losses. As such, you can’t demand damages for a car accident unless you assign liability first.
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The Attention It Deserves
How do You Assign Liability for a Car Accident?
You assign liability for a car accident by considering the evidence available at the scene of your accident. Both you and a car accident lawyer can use hard data, ranging from a driver’s phone records to debris at the scene, to determine what kind of negligence resulted in your accident and who bears the blame for that misconduct.
So long as you have the data to argue that a specific party caused your accident, you can name that party financially responsible for your car’s repairs. The evidence most relevant to your case will vary depending on your circumstances, but you can often turn to any of the following forms of data for guidance:
- Videos of your accident
- Photos of your accident
- Statements from bystanders
- Accident recreations and other forms of expert witness testimony
It’s a car accident lawyer’s job to assess and analyze your evidence in such a way as to create a comprehensive legal complaint. You can then submit that complaint to a judge and initiate the legal proceedings that may see you receive financial compensation for your losses.
How does Liability Work in Accidents Involving Corporate Drivers?
If you get hit by a rideshare driver, truck driver, or related corporate party, the question of liability hinges on more than what evidence is available at your accident scene. You also have to consider how contracts might impact your right to hold an allegedly-liable party responsible for your financial recovery.
Some corporations, for example, can take the blame for their employees’ behavior if said employees were on the clock at the time of an accident. For that reason, however, many corporations hire drivers as independent contractors instead of employees.
You can work with an attorney to determine what kind of contract an allegedly-liable party works on and how said contract might influence who pays for your car repairs after an accident.
How does Your Car Insurance Provider Impact Your Financial Recovery?
It’s in your best interest to contact your insurance provider as soon as you can after an Indiana car accident. Your provider can send an insurance claim adjuster to your property to assess your car’s state and other losses. Your provider may then cover some of your most immediate expenses, depending on what coverage you’ve invested in.
That said, many insurance adjusters do not prioritize your financial recovery when estimating the value of your accident. If you feel like you haven’t received adequate compensation based on your coverage and the severity of your accident, let Indiana’s car accident lawyers know. We can step in, talk with your provider, and advocate for more substantial support on your behalf.
Can You Be Partially Liable for a Car Accident and Still Receive Damages?
Indiana operates on a modified understanding of comparative negligence outlined in I.C. § 34-51-2-6. So long as you are less than 51% liable for a car accident, you can demand that someone else pay for your car accident repairs.
That said, if you take your case to court, and a court finds you partially liable for your accident, your right to compensation changes. The court can specifically reduce the damages you receive by the percentage of fault you bear for an accident.
For example, say you win the right to $100,000 in damages after a car accident civil trial. However, a court found you 25% responsible for your accident. Under Indiana’s understanding of comparative negligence, you may receive $75,000 instead of the full $100,000, as you bore some responsibility for your own distress.
What Damages Can You Demand After a Car Accident?
You have the right to damages covering your economic expenses after an auto accident resulting from another party’s negligence. These damages can specifically help you pay accident-related bills, including the cost of your medical care, automotive maintenance, and vehicle replacement. Economic damages can also cover your lost wages.
Indiana also allows you to request non-economic damages for emotional losses, including pain and suffering, after a car accident. Vaughan & Vaughan calculates the value of these losses on your behalf, then adds that value to the economic sum of your post-accident expenses.
You can count on our car accident lawyers in Indiana to advocate for your right to a comprehensive settlement. We can discuss the estimated value of your lawsuit during an initial case evaluation.
Our Car Accident Lawyers Can Help You Navigate Your Recovery
You deserve compensation for the losses you endured in a recent car accident. Don’t let someone else dictate how much you deserve or at what rate you receive your financial support. You can work with a car accident lawyer in Indiana to negotiate a settlement or demand compensation in court. Vaughan & Vaughan always fights to put you in control of your recovery.
Our attorneys are ready to meet with you and discuss your recent car accident. Together we can calculate the total value of your losses and outline your right to compensation in a civil complaint. You can schedule a no-obligation meeting with our lawyers today by contacting our office. Reach out online or by phone to get started.
