Car Accidents

Who decides the dollar value of the damages of a crash?

Get answers to some common questions about determining the dollar value of damages following a car accident.
Letha Maier

TGL Attorney

Letha Maier

who decides the dollar value of the damages of a crash

Who decides the dollar value of the damages of a crash?

In Indiana, the dollar value of damages related to bodily injury and property damages from a crash are anchored to what 6 jurors would determine the value to be and the majority of matters settle before a jury trial or a bench trial (a judge with no jury). Lawyers and insurance company adjusters try to predict what a jury may award through experience and data/statistics. When filing a claim with an insurance company, you’ll need to provide evidence of your losses, such as medical records and associated bills, health insurance payments, balances at the treating facilities and collection agencies related to medical treatment, wage loss documentation from your employer, out of pocket receipts, property damage estimates, witness statements, photos, and video to support your claim. A car accident lawyer can help you understand what evidence may be helpful. Contact us at Team Green Law to learn more.

It is important to understand that insurance company-assessed damages are educated guesses on what a jury could award if the matter would go to trial with the mindset of what a reasonable person would deem fair. If you disagree with the insurance company’s assessment, it is important to provide as much evidence as possible to support your evaluation. If you feel the amount of damages offered by an insurance company is not adequate, it may be one of many good reasons to get a lawyer after a car accident.

Who must pay for the damage of a crash?

In Indiana, the at-fault driver is responsible for covering any damages resulting from a car crash. If you are found to be at fault in an accident, you will be required to pay for any damages caused. This can include physical damage to the other persons’ vehicles, damaged personal property such as eyeglasses or cell phones, medical bills, lost wages, out-of-pocket expenses such as prescriptions, and pain and suffering. It is important to have adequate liability insurance to cover the costs of such damages. Going without insurance can leave you personally liable for any financial losses incurred by the other driver. You may wonder what type of insurance pays for damage to your vehicle if you were at fault in a crash. Collision coverage pays for damage to your vehicle after a car accident, even if you are found to be at fault.

Can you get compensation if the accident was your fault?

Indiana has a modified comparative fault law that determines how much compensation an injured party may be entitled to recover from another liable party. Indiana courts use this rule to determine the percentage of fault assigned to each party involved in an accident or injury, and how much money may be recovered from any responsible parties. For a full explanation, contact a personal injury lawyer at Team Green Law today.

Under Indiana’s modified comparative fault rule, if an injured party is determined to be 50 percent or less at fault for the accident or injury, the possibility is available to recover a portion of the value of the injury from any other responsible parties. However, if an injured party is determined to be more than 50 percent at fault, the injured person is not allowed to receive any compensation from any other party involved. In the scenario where the injured party is found to be partially at fault, but less than 50%, the amount of money that may be recovered is reduced by the percentage of fault assigned to the injured party. It is important to understand this rule so that you are not prevented from receiving compensation for your injuries. Be sure to speak to a car accident lawyer if you have any questions.

How is pain and suffering calculated in a car crash?

In Indiana, pain and suffering resulting from a car crash is anchored to what 6 jurors would determine the value to be, and a large factor that jurors concentrate on is the severity of injuries. Factors that may be considered include permanency of injuries, physical impairment or disfigurement, disability, loss of function or inability to enjoy life, emotional distress, mental anguish, medical expenses, and lost wages.

Team Green is a different kind of law firm. We’re not going to make you promises we can’t deliver on. This is our promise to you: ​​we will guide you through the legal process, working with you through straight talk and personal attention, and we’ll work for you with smart, aggressive representation to get the settlement or judgment you deserve. Other lawyers show their case results on their websites, but not only does that imply results they can’t guarantee — it’s against the Indiana Rules of Professional Conduct (Rule 7.1 [2] (2)).  But you should know that the results of one successful case does not tell us what will happen with you. We will work with you to set realistic expectations of the timeline and money that could be recovered for your unique case.