Carmel Car Accident FAQs

Every day, crashes happen in ways no one anticipates—a quick glance at a phone, a sudden stop in traffic, or a wrong turn. But when it happens to you in Carmel, it becomes personal.

Your health, your time, your finances—everything is affected. Our team has seen firsthand how stressful and overwhelming car accidents can be.

We created this FAQ page to help answer the most common questions our clients ask, so you can make informed decisions after a collision. As your Carmel car accident lawyer, we’re here to help you every step of the way.

What Should I Do at the Scene of the Accident?

The moments immediately following a crash are often disorienting, but the actions you take can significantly affect your claim later. Always start by checking for injuries—yours and others. If medical help is needed, call 911. Indiana law (IC 9-26-1-1.1) requires drivers to remain at the scene and assist the injured.

You should also:

• Call the police and file an accident report.
• Take photos of all vehicle damage, the accident location, license plates, and any injuries.
• Exchange names, contact details, insurance information, and driver’s license numbers with everyone involved.
• Get contact information from witnesses.

Avoid discussing fault at the scene. Even a casual apology may be used against you later by an insurance company.

Do I Need to Report the Accident to the Police?

Yes. Under Indiana law, you must report an accident if it results in injury, death, or property damage above $1,000. Even in minor collisions, it’s wise to involve the police. The official accident report is a vital piece of evidence your auto accident attorney in Carmel can use to support your claim.

The Carmel Police Department or Hamilton County Sheriff’s Office will typically respond. Make sure you ask how to obtain a copy of the crash report or request it through the Indiana State Police crash report portal.

How Does Indiana Handle Fault in Car Accidents?

Indiana follows a modified comparative fault system (IC 34-51-2-6). That means each driver is assigned a percentage of fault. You can still recover damages as long as you are less than 51% at fault for the accident. However, your compensation will be reduced by your share of fault.

For example, if you’re found 20% responsible and your total damages are $50,000, you would only be eligible to receive $40,000. If you are found to be 51% or more at fault, you cannot recover any compensation.

Our role as your Carmel accident lawyer is to investigate the case thoroughly and ensure liability is accurately assigned.

Vaughn Knows What You Are Going Through

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Time Is Not On Your Side After An Accident. Call Vaughn Wamsley NOW.

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What If the Other Driver Doesn’t Have Insurance?

Unfortunately, not every driver in Indiana carries the required insurance. In these situations, your uninsured or underinsured motorist (UM/UIM) coverage can help. Indiana insurance policies are required to include UM/UIM coverage unless you specifically rejected it in writing.

This coverage may help pay for:

• Medical bills
• Lost wages
• Pain and suffering
• Property damage

As your car wreck attorney in Carmel, we can review your policy and explore all available coverage sources to help ensure you’re not left footing the bill.

What Types of Compensation Can I Pursue?

Every car accident case is different, but Indiana law allows injured victims to pursue compensation for:

• Current and future medical expenses
• Lost income or reduced earning potential
• Pain and suffering
• Mental and emotional anguish
• Property damage
• Loss of enjoyment of life

In rare cases involving reckless behavior (like drunk driving), punitive damages may also be available to punish the wrongdoer and deter similar conduct.

We calculate every potential area of recovery, not just the medical bills, to fight for a full and fair outcome.

How Long Do I Have to File a Lawsuit in Indiana?

Indiana’s statute of limitations for personal injury and car accident claims is two years from the date of the crash (IC 34-11-2-4). If you do not file your lawsuit within this period, you may permanently lose your right to recover compensation.

While two years may seem like a long time, gathering evidence, interviewing witnesses, and negotiating with insurers all take time. That’s why it’s crucial to speak with a Carmel car accident lawyer as soon as possible.

What If I Was a Passenger in the Car?

As a passenger, you’re almost never at fault, which means you’re generally eligible to pursue compensation from the at-fault driver’s insurance—whether that’s the driver of the car you were in or another vehicle involved.

You may also be able to make a claim under your own insurance policy if UM/UIM coverage is available. We’ll help you navigate these options so you aren’t stuck paying for someone else’s mistake.

What Should I Say to the Insurance Company?

Be very careful. Insurance adjusters may sound sympathetic, but their goal is to limit the payout on your claim. They may try to get you to:

• Admit fault or partial fault
• Downplay your injuries
• Accept a lowball settlement

Do not provide a recorded statement or sign anything without talking to us first. We’ll deal with the insurance companies on your behalf to protect your rights and ensure you’re treated fairly.

Will I Have to Go to Court?

Not necessarily. Most car accident cases in Indiana are settled out of court through negotiations. But if the insurance company refuses to offer a fair settlement, we’re prepared to take your case to trial.

As a seasoned car wreck attorney in Carmel, Vaughn Wamsley has the experience and tenacity to present your case in court and fight for what you’re owed.

How Much Does a Carmel Car Accident Lawyer Cost?

We understand that accident victims often face financial hardship. That’s why we work on a contingency fee basis. You don’t owe us any legal fees unless we recover compensation for you. This allows you to get the representation you need without upfront costs or hourly rates.

How Common Are Car Accidents in Carmel?

Hamilton County, which includes Carmel, sees thousands of crashes each year. According to Indiana Crash Facts, there were 175,816 total collisions statewide in 2022, including over 850 fatal crashes. Marion and Hamilton Counties consistently rank among the highest for vehicle accidents in Indiana.

Common causes of accidents in Carmel include:

• Distracted driving
• Speeding
• Failure to yield
• Following too closely
• Driving under the influence

These incidents may be routine on paper, but for victims, they change lives in an instant.

Why Choose Vaughn Wamsley Law?

We don’t just handle cases—we serve people. Our firm is rooted in client care and proven results. Here’s what sets us apart:

• Personalized legal strategies tailored to your circumstances
• Direct communication with your attorney
• Decades of experience handling Indiana car accident claims
• A reputation for aggressive, results-driven representation

When you choose us as your Carmel accident lawyer, you’re choosing someone who will treat your case like it’s the only one that matters—because to you, it is.

What Makes a Claim Stronger?

A strong claim includes timely documentation, supportive medical records, and solid evidence of liability. You can help strengthen your case by:

• Seeking medical care right away
• Keeping track of all accident-related expenses
• Following your doctor’s treatment plan
• Avoiding social media posts about the crash

When you work with our team, we help you stay on top of what matters most.

What Happens if I Discover Injuries Days After the Accident?

Delayed symptoms are common after car accidents. You may not feel pain until hours or days later. It’s important to seek medical attention as soon as symptoms appear. Inform your doctor that you were in a car accident, and notify your attorney. You can still include these injuries in your claim.

Can I Still Recover Damages if I Wasn’t Wearing a Seatbelt?

Yes, but Indiana allows evidence of seatbelt non-use to be considered when determining fault. Your compensation may be reduced, but not necessarily denied. We’ll work to minimize any impact on your recovery.

Can I File a Claim if the At-Fault Driver Fled the Scene?

Yes. Hit-and-run victims can file a claim through their uninsured motorist coverage. If you don’t know who the driver is, your insurer may still provide coverage. We can help you identify all available options.

How Long Does a Car Accident Settlement Usually Take?

The timeline varies. Some cases settle in weeks, while others take months or longer. Factors include the severity of your injuries, the clarity of fault, and the willingness of insurers to cooperate. We work efficiently to resolve claims but will never recommend a low settlement just to close a case.

Will My Health Insurance Cover Accident Injuries?

Yes, but your health insurer may seek reimbursement if you later receive a settlement. This is called subrogation. We’ll handle negotiations to protect your share of any recovery.

Contact a Carmel Car Accident Lawyer Today

If you’ve been injured in a crash, don’t wait and hope it works out. Get answers. Get help. Get justice.

At Vaughn Wamsley Law, we know how to push back against insurance companies and protect your rights. Whether you need an auto accident attorney in Carmel for a rear-end collision, a distracted driving accident, or a multi-car pileup, we’re ready to help.

Let’s talk about your case in a free consultation. We’ll listen, explain your options, and guide you forward with confidence. There’s no pressure and no cost unless we win for you.