Westfield Car Accident FAQs

Car accidents happen suddenly, and the aftermath can be confusing and stressful. At our accident law firm in Westfield, IN, we talk to injured victims daily with the same pressing concerns: What are my rights? How do I pay for medical bills? Should I speak to the insurance company?

Most people don’t expect to be in a crash until it happens to them. When it does, you need more than just advice. You need answers and direction from someone who understands Indiana law and how it applies to your case.

We’ve compiled frequently asked questions to help you make informed decisions after a crash. And if you still have questions, a Westfield car accident lawyer from our team is just a call away.

What steps should I take right after a car accident?

After a crash, your priority should be safety. Call 911 to report the accident and request emergency medical care if anyone is injured. Indiana law requires drivers to stay at the scene and exchange insurance and contact information. You should also take photos of the scene, vehicle damage, and visible injuries. If there are witnesses, ask for their names and contact information.

Under Indiana Code § 9-26-1-1.1, drivers must immediately report any accident that results in injury, death, or significant property damage. Failing to do so can lead to criminal charges.

Ensure a police report is filed—this can be crucial evidence in your injury claim. Finally, seek medical attention even if you feel okay. Some injuries, like concussions or internal bleeding, may not show symptoms right away.

How is fault determined in Indiana car accidents?

Indiana uses a modified comparative fault system under IC § 34-51-2. This means that each party’s percentage of fault is considered when determining compensation. You can still recover damages if you are less than 51% at fault.

If you are found to be 20% responsible for the crash, your total compensation will be reduced by 20%. However, you cannot recover any damages if you’re 51% or more at fault.

Because fault directly impacts how much you can recover, working with an auto accident attorney in Westfield who can help prove that the other party bears most of the blame is essential. We investigate accident scenes, review police reports, analyze medical records, and even work with reconstruction experts when needed.

What if I was hit by a driver without insurance?

Indiana law requires drivers to carry minimum liability insurance coverage, but not everyone complies. You may still have options if an uninsured or underinsured driver hits you. Most auto policies in Indiana include uninsured/underinsured motorist (UM/UIM) coverage unless the driver has declined it in writing.

This coverage can help you pay for your injuries, lost wages, and more. However, insurance companies may still attempt to limit your payout. Our Westfield car crash lawyers can review your policy and file a UM/UIM claim. If your insurer refuses to cooperate, we’ll take legal action.

What types of damages can I recover?

You may be eligible to recover both economic and non-economic damages, including:

• Medical expenses (past and future)
• Rehabilitation and therapy
• Lost wages and future earning potential
• Property damage
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disfigurement or permanent disability

Every case is different, and the value of your claim depends on the severity of your injuries, your ability to return to work, and the impact on your daily life. A Westfield car accident lawyer from our firm can calculate your damages and fight for the maximum recovery available under Indiana law.

What’s the time limit for filing a car accident lawsuit in Indiana?

In most car accident cases, you have two years from the accident date to file a personal injury lawsuit. This is known as the statute of limitations and is outlined in Indiana Code § 34-11-2-4. If you miss this deadline, your case could be dismissed, and you will lose your right to seek compensation.

There are some exceptions—if the accident involved a government vehicle, for instance, you may need to file a tort claim notice within 180 days under the Indiana Tort Claims Act. This is why we recommend contacting an auto accident attorney in Westfield as soon as possible to preserve your rights.

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Should I talk to the insurance adjuster?

You are not legally required to speak to the at-fault driver’s insurance company. In fact, we advise against it. Insurance adjusters are trained to minimize payouts, and anything you say can be used to deny or reduce your claim. Even innocent comments like “I’m feeling better” can be twisted to suggest your injuries weren’t serious.

If an adjuster contacts you, politely refer them to your accident law firm in Westfield, IN. We’ll handle all communication and negotiation to protect your best interests. We’re not afraid to push back when insurers try to undervalue or deny valid claims.

How long does it take to settle a car accident claim?

There’s no set timeline for resolving a car accident case. Some claims settle within a few months, while others may take over a year, especially if a lawsuit is necessary. Factors that influence the timeline include:

• The severity of your injuries
• How long it takes to reach maximum medical improvement (MMI)
• Whether fault is contested
• The cooperation of the insurance companies

We always aim for a timely resolution, but we won’t sacrifice your compensation just to settle quickly. We aim to ensure that your settlement reflects the full extent of your losses.

What if the accident was partly my fault?

Even if you were partially to blame for the crash, you might still recover compensation under Indiana’s comparative fault law. For example, if you were rear-ended but had a brake light out, the court may find you 10% responsible. If your total damages were $100,000, you could still recover $90,000.

Insurance companies often try to shift more fault onto injured victims to reduce liability. Don’t let them get away with it. Let a seasoned Westfield car accident lawyer defend your rights and ensure that fault is assigned fairly.

How much does it cost to hire a Westfield car accident lawyer?

We handle car accident cases on a contingency fee basis. That means you don’t pay any upfront legal fees. Our payment is a percentage of the settlement or verdict we win for you. If we don’t win, you don’t pay. It’s that simple.

This structure allows injured victims to pursue justice without worrying about legal costs. We also offer free consultations to discuss your case and explain your options with no obligation.

Can I still file a claim if the other driver fled the scene?

Yes. Hit-and-run accidents are, unfortunately, common in Indiana. According to the Indiana Criminal Justice Institute, nearly 20% of fatal crashes in the state involve a driver who leaves the scene. If the responsible driver cannot be identified, your uninsured motorist coverage can be used to seek compensation.

Our accident law firm in Westfield, IN, can work with local law enforcement to obtain traffic camera footage or witness statements that may help identify the driver. If not, we’ll help you pursue recovery through your insurance.

Do I need a lawyer even for a “minor” accident?

Even a low-speed collision can result in long-term injuries, such as whiplash or concussions. Symptoms may take days or weeks to appear. Insurance companies may offer you a small settlement before the full impact of your injuries is known. If you accept it, you waive your right to pursue further compensation.

A Westfield car crash lawyer reviewing your claim ensures you’re not taken advantage of. We can tell you whether the offer is fair and help you avoid costly mistakes.

What makes Vaughn Wamsley Law Firm different?

We combine big firm experience with small firm care. We’re not just legal professionals—we’re members of the Westfield community who take pride in helping our neighbors recover. Our team handles each case with a personalized approach, and we never treat clients like case numbers.

We work tirelessly to ensure you get the medical care you need, negotiate aggressively with insurers, and aren’t afraid to take your case to court if necessary. When you hire our firm, you get a Westfield car accident lawyer who is fully invested in your recovery and your future.

Contact a Westfield Car Accident Lawyer Today

If you were injured in a car crash in Westfield, don’t wait to seek legal guidance. The sooner we investigate your case, the better your chances of a successful outcome. At Vaughn Wamsley Law Firm, we’re here to answer your questions, protect your rights, and help you pursue the compensation you deserve.

Call us today or fill out our contact form to schedule your free consultation. Let our accident law firm in Westfield, IN, go to work for you.