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Auto Accidents

15 Questions to Ask a Car Accident Lawyer in Indiana

Harper & Harper, LLC — 15 questions to ask a car accident lawyer in Indiana

If you’ve been hurt in a crash anywhere in Northwest Indiana — Porter, Lake, LaPorte, or Jasper County — you probably have more questions than answers, and the other driver’s insurance company is already working on its side of the file. The smartest thing you can do early is ask the right questions before you sign anything, give a recorded statement, or accept an offer.

Below are the questions people ask us most in that first phone call, with straight answers based on Indiana law. Use them to prepare for a free consultation with any attorney — and to spot the early missteps that quietly cost injured people money. If your crash just happened, start with what to do in the first 72 hours after a car crash, and read up on the hidden damages you can claim in Indiana so you know the full range of losses — not just the obvious ones.

This page is general information about Indiana law, not legal advice. For guidance on your own situation, talk to a lawyer — our Indiana car accident attorneys offer free consultations at 219-762-9538. (See our full disclaimer.)

What to Bring to Your Free Consultation

Before you meet with any attorney, gather what you can. The more complete your information, the more precisely we can evaluate your claim:

  • The police/crash report (or at least the report number)
  • Photos of the vehicles, the scene, and your injuries
  • Insurance information for every driver involved
  • Your medical records and bills so far
  • Pay stubs or other proof of income for lost wages
  • The adjuster’s name, the claim number, and any letters or emails from the insurer
  • A short written timeline of how the crash happened and how your injuries affect your daily life

Then bring the questions below. Here are the ones we hear most often, with honest answers grounded in Indiana law.

Frequently Asked Questions

Do I actually have a car accident case?

Usually you have a case if someone else's negligence caused the crash and you suffered an injury or financial loss because of it. The three things we look at first are liability (who caused it), damages (your injuries, bills, and lost income), and coverage (whose insurance can actually pay). Bring the crash report, photos, and any medical records to a free consultation and an attorney can usually tell you fairly quickly whether you have a claim worth pursuing — and whether you even need a lawyer to pursue it.

Should I get a lawyer if the accident wasn't my fault, or if it was just a minor crash?

Usually, yes — even in a clear-fault or seemingly minor crash. Insurers routinely dispute liability, argue your injuries aren't serious, and make a quick low offer before you know the full extent of your injuries. Concussions, soft-tissue injuries, and back injuries often don't fully surface for days or weeks. A free consultation costs you nothing and tells you whether a lawyer would add value — and for a true fender-bender with no injuries, an honest lawyer will tell you that too.

How much is my car accident case worth?

There's no honest 'average,' and you should be skeptical of anyone who promises a number at the first meeting. Value depends on the severity and permanence of your injuries, your medical bills, lost wages and lost earning capacity, pain and suffering, who was at fault, and — critically — how much insurance coverage is available. We don't put a number on a claim until we understand the full scope of your injuries, because settling before you've finished treatment almost always means settling for too little.

Should I accept the insurance company's first settlement offer?

Almost never without advice. The first offer is typically the lowest figure the insurer thinks you'll accept, and it often arrives before you know whether your injuries are permanent or what your future care will cost. Once you sign a release, the claim is over — you can't reopen it if your condition worsens. Have any offer reviewed before you accept it. You are not obligated to take the first number, and you can negotiate.

What will hiring a car accident lawyer cost me?

We handle car accident cases on a contingency fee: no money upfront, and no fee at all unless we recover compensation for you. The fee is a percentage of what we recover. Case expenses — things like records and expert fees — are typically advanced and then reimbursed out of the recovery. Ask any lawyer to put both the fee percentage and how costs are handled in writing, so there are no surprises later.

Is there a deadline to file a car accident claim in Indiana?

Yes. Under Indiana's statute of limitations (Ind. Code § 34-11-2-4) you generally have two years from the date of the crash to file a personal injury lawsuit, and missing that deadline usually ends your claim for good. Some situations are shorter — a claim against a city, county, or the State requires a written tort claim notice within 180 or 270 days under the Indiana Tort Claims Act. Because evidence fades and these deadlines are strict, it's best to talk to a lawyer early rather than wait.

What happens if I was partly at fault for the crash?

You can still recover in Indiana as long as you were not more than 50% at fault. Indiana uses 'modified comparative fault' (Ind. Code § 34-51-2): your compensation is reduced by your share of the blame, and if you're found 51% or more at fault you recover nothing. For example, on a $100,000 claim where you're 20% at fault, you would recover $80,000. Because insurers try to shift blame onto you to cut what they pay, having a lawyer push back on an inflated fault percentage is often worth far more than the fee.

What if the other driver had no insurance or fled the scene?

You may still have a source of recovery through your own uninsured/underinsured motorist (UM/UIM) coverage, which exists for exactly these situations — including hit-and-run crashes where the at-fault driver is never identified. Indiana auto policies include UM/UIM unless you rejected it in writing. We review every available policy — yours, household members', and sometimes others' — to find every layer of coverage, so you aren't left paying for someone else's negligence.

Should I give the insurance company a recorded statement?

Not before you talk to a lawyer. You generally have to cooperate with your own insurer, but you are not obligated to give the other driver's insurance company a recorded statement — and doing so usually helps them, not you. Adjusters are trained to ask questions that get you to minimize your injuries or accidentally accept part of the blame. Stick to the basic facts and let your lawyer handle the formal statement.

What can I do that might hurt my own claim?

A handful of common mistakes quietly sink otherwise strong claims: posting about the crash or your activities on social media, gaps in treatment or skipping appointments, giving a recorded statement or signing a release before getting advice, grabbing a fast lowball offer, and waiting so long that evidence disappears. The simple rule: get treatment, keep records, stay off social media about the case, and route insurer communications through your lawyer.

Do I need to see a doctor, and what if I can't afford treatment?

See a doctor promptly even if you feel okay — adrenaline masks injuries, and conditions like concussions and soft-tissue damage often show up days later. Prompt care is also the medical record that links your injuries to the crash; a gap gives the insurer an excuse to deny the claim. If you can't afford treatment, there are options: your own MedPay coverage, your health insurance, or providers who will treat on a lien and be repaid from your settlement. Tell your attorney early and we'll help you find a path to care.

How long does a car accident claim take to settle?

It depends on your injuries and how reasonable the insurer is. Straightforward claims can resolve in a few months; cases with serious injuries, disputed fault, or multiple parties often take a year or more. One reason not to rush: we generally don't settle until you've reached maximum medical improvement, so the full value of your injuries is known. We work to resolve your case as efficiently as possible without leaving money on the table.

Will my case settle, or will it go to trial?

Most car accident claims settle without a trial — but the ones that settle for full value are usually the cases the insurer believes are genuinely trial-ready. We prepare every case as if it could go to court, which strengthens our position at the negotiating table. If the insurer refuses to offer what your claim is worth, we're prepared to file suit and try it. Whether to settle or go to trial is always your decision, made with our advice.

What experience do you have, and who will actually handle my case?

Ask this of any firm. At Harper & Harper, our attorneys bring more than 100 years of combined experience and deep roots in Northwest Indiana, handling auto, truck, and motorcycle injury cases. You should know who will personally handle your file, how often you'll get updates, and how to reach them — not just whoever signs you up. We keep our clients informed at every step, and you can always speak directly with your attorney.

How can I help my own case?

You're a big part of a strong claim. Follow your doctor's treatment plan and keep every appointment; save everything (the crash report, photos, bills, repair estimates, and a short journal of how your injuries affect daily life and work); track missed work and out-of-pocket costs; stay off social media about the crash; and let us handle communications with the insurance companies. The more organized you are, the more fully we can document — and recover — what the crash has cost you.

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