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Law Offices of Moseley & Martinez, LLC
Jason Moseley and Miguel Martinez in front of the Merrillville office

What to do after a car accident in Indiana

Get medical care first, even if you feel fine; adrenaline masks injuries and gaps in treatment are the insurance company’s favorite argument. Report the crash to police and get the report number. Photograph vehicles, the scene, and your injuries. Do not give a recorded statement to the other driver’s insurer, and do not accept a quick settlement before you know the full extent of your injuries.

How fault and compensation work in Indiana

Indiana is an at-fault state. The driver who caused the crash, and their insurer, are responsible for your medical bills, lost wages, future care, and pain and suffering. Indiana’s comparative fault rule allows recovery as long as you were not more than 50 percent at fault, with your award reduced by your share. If the at-fault driver has no insurance or too little, your own uninsured and underinsured motorist (UM/UIM) coverage may apply, and we review every policy in the household to find it.

What your case may be worth

Every case is different, and no attorney can promise a result. What we can do is document each category of loss: emergency and follow-up care, physical therapy, imaging, surgery, prescriptions, mileage, lost income, diminished earning capacity, and the day-to-day impact on your life. Our demand packages are built to survive scrutiny from an adjuster, a mediator, and a jury.

Deadlines

In Indiana, most personal injury claims must be filed within two years of the date of injury (Ind. Code § 34-11-2-4). Claims against a city, county, or state agency require a formal tort claim notice much sooner, in some cases within 180 days. Waiting costs leverage, and in some cases it costs the claim entirely.

Where we take cases

We represent injured people everywhere in Indiana. Most of an injury case happens by phone, email, and video, so you do not need to live near one of our offices to work with us.

How our fee works

Injury cases are handled on a contingency fee: no retainer, no hourly bill, and no attorney fee unless we recover money for you. The percentage is set in a written agreement before we start and depends on the stage at which the case resolves. How contingency fees work, in plain English.

Where we handle car accidents cases

An attorney who handles these cases

James A. Hoffman

James A. Hoffman

Associate Attorney

A decorated U.S. Army veteran who set his sights on the law at age eight, James has represented hundreds of injured clients with a modern, client-first style and a refusal to let insurance companies run out the clock.

Frequently asked questions

How much does a car accident lawyer cost?

Nothing up front. We handle injury cases on a contingency fee, which means we are paid a percentage of the recovery only if we win. See our plain-English fee explainer for the details.

The insurance company already offered me money. Should I take it?

Not before you understand what your injuries will cost over time. Early offers are usually made before the full picture is known. A free consultation costs nothing and can tell you whether the offer is fair.

What if the other driver had no insurance?

Your own uninsured motorist coverage may apply, and so may coverage from other vehicles in your household. We review every policy available.

Find out if you have a case. It costs nothing to ask.

Five minutes on the phone and you will know where you stand. You will not owe us a fee unless we recover money for you, and the bills get handled before the check does.

Call Do I have a case?