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Should You Settle or Go To Court?

Steve Wagner

Slick roads, due to ice on the pavements, make for a hazardous commute, as commuters in Indianapolis are finding out the hard way. On March 13th alone, there were 41 instances of property damage accidents and six personal injury accidents involving motorists.

It is a given that drivers have to exercise patience and caution when driving. Any thing can cause an accident – temper, the slow-moving traffic, congestion due to ice on the road, and rash driving. At other times, a vehicle can lose control, and skid and crash into other vehicles. Such accidents raise the question of who will pay for the treatment of the injuries suffered by the victims. Indiana follows a Tort liability system. While this places no restrictions on lawsuits, it also means that it is imperative to fix blame, when in an accident. No matter what causes an accident, the person at fault is liable to pay. However, securing payment, or even establishing guilt, is easier said than done.

Under Indiana’s Financial Responsibility Law, all drivers are required to have the ability to pay for the costs incurred in an accident, for which they are at fault.

Most motorists take out a vehicle insurance to cover the state’s minimum liability coverage. However, Indiana drivers can demonstrate proof of financial responsibility even without taking insurance. Motorists can make a deposit of $40,000 in cash or securities held by the state, file a bond, or even make a certificate of self-insurance.

Since Indiana is a “fault” Insurance State, meaning that it is up to drivers to decide how they will pursue compensation for damages after an accident. Securing compensation from the other party is by no means an easy task. It invariably requires filing a lawsuit against the person(s) responsible, and needless to say, the other party will contest the suit. The other party, even when obviously in the wrong, can blame the police, the road, the vehicle manufacturer, or the weather. Strange as it may seem, there have been instances when the jury has let the perpetrators off the hook, leaving victims in the lurch to fend for themselves.

The service of an experienced Indiana auto accident injury attorney becomes valuable in such situations to establish guilt and convince a jury of the appropriate fault. Very often, it is in the interest of both parties to come to a settlement before the case even reaches the jury.

Wagner Reese, with its team of experienced Indiana car accident attorneys, has a track record of pursuing accident cases and settling in favour of clients. Our in-depth knowledge in this area puts you in an advantageous position. The fact that we do not charge any fees until you receive your settlement, or win the case in the court, does away with the financial burden of fighting your case.

Contact Wagner Reese at (888) 204-8440 for a free consultation.


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