Indiana Car Accident Legal Questions

More facts are needed.  I would suggest you meet with an attorney to discuss.  Most attorneys will offer a free intial consult.  Make sure you take the letter from the information regarding the potential lawsuit, the denial from your insurance and your policy info.  Do so asap as if a lawsuit has been filed you have a limited time to answer. ... Read More

Did she have full coverage insurance?  If so turn it over to her carrier and let them deal with.  They will pay to repair car and if they want can go after the repair shop.  If no full coverage she can bring a claim against the repair shop but must be able to prove what went wrong with the car and that the repair shop was the cause. ... Read More

Jen, In Indiana, with some limited exceptions, you have 2 years from the date of the accident to file a lawsuit.  It sounds to me like you may have something more serious going on than just a soft tissue injury.  I would not be comfortable settling your case until you have been to a doctor and confirmed that the tingling and loss of arm strength is not something more serious, like a herniated cervical disk.  You only get one chance to settle your personal injury claim.  For example, if you were to accept the insurance company's current offer, and six months from now an MRI reveals that you need surgery, you can not go back to the insurance company and say you want more money to cover the cost of that surgery.  If you have questions about your claim, or would like to speak to an experienced personal injury attorney, please do not hesitate to contact me.  Consultations are free. Best, Chip... Read More

You are responsible for the costs of the repairs.  If Gerber has not been paid and your car is fixed you owe the money.  If the money to repair was sent to you it should have been truned over to Gerber.  You may be able to get your deductible returned but you owe the money sent to you to Gerber.  ... Read More

I assume you are stating that the other insurance company is claiming the fault is yours.  You don't have to accept their determination.  I hope you had full coverage.  If so let your ins co pay for the repairs and fight it out with the other isn co.  If no full coverage then you will have to sue.   Small claims covers up to $6000.  Depending on the amount of damages it may/may not make sense to hire an attorney.  ... Read More

The company is responsible for paying the market value of the vehicle at the time of the collision. They are not responsible for paying what is owed on the vehicle. I’m not sure what you mean when you say they don’t have enough money. You can speak with the lawyer to get more details. Also, if she was injured she said speak with an injury attorney.... Read More

It depends on the amount of the DV, but Indiana does allow for DV.  It will take expert testimony to prove the DV so it must be a significant amount to make it worthwhile for you. Take the fair market value before the wreck and after to figure out the DV.  If the amount is significant it might be worth pursuing.  Get the offers currently being made in writing and talk with an atttorney... Read More

The situation is tough. If you had insurance you might be OK. The problem is the carrier obviously was not notified the timely. Get all the letters and information you have and meet with an attorney to find out what your options are. Do not settle anything with them and if there any court dates make sure you do not miss them.... Read More

Regarding the apartment, I hope you have renters insurance?  If so report to your carrier.  If not, send a certified letter to the landlord asap requesting the drying and informing if mold appears you will request to vacate.  Regarding the first collision, the time to take care of the issues was when you first took back the car.  You can take back to the body shop but they may now try to say the most recent collision caused any issues.   You can also get all paperwork from first repair and get a second opinion.  If you can get another shop to state what is wrong and was from first collision and not fixed you can report back to insurance to fix.   However, if you signed anything releasing them you may be precluded.  For second collision use your insurance if you have full coverage.  If not sue the neighbor.  ... Read More

The other driver's carrier can be forced to provide certification of coverage.  You may have the ability to get additional coverage through your own underinsured coverage but have to take certian steps to do so.  You may think that resolving the claim for the $25k with the other driver and not using an attorney gets you more money in your pocket and that may not be the case.  Not only becuase of the potential underinsured coverage but also, if the $25k policy is not enough to make you whole you don't have to pay back certian 3rd parties, i.e your health ins., your auto medical payment coverage, etc.  The other ins. won't tell you these things.  Speak with an attorney asap. ... Read More

Your insurance company is obligated to indemnify you unless there's an exception in your policy that's applicable, which there may be for allowing a drunk, unlicensed driver to drive your car. If you received a letter from the court you need to send it to your insurance company, but call first, they may already have it. ... Read More

You'll want to get them to agree to pay diminished value before you've agreed to any type of settlement and if the car is in an impound/tow lot then you'll need to get it out if they're still fighting you on paying diminished value. Making such a claim is difficult and whether you're abel to make it depends on the policy language. ... Read More

Dear Anonymous,   This is an excellent question, to which there is no correct answer.  Really, it depends on a lot of factors.  In fact, no case should be settled until you have concluded treatment, and your doctor has determined that you are quiescent.  That is medical speak which simply means your injuries have healed as good as they are going to heal.  Sometimes, injured people can make a 100% recovery after an accident.  Other times, injuries may lead to permanent impairment or disability.   Factors that can delay a settlement include whether there is insurance available to pay for your injuries.  Is there enough insurance to make you whole.  Other things that can delay settlement are issues of liability.  You may have sustained serious injuries, but if the other side believes you were at fault, then they may not be willing to pay for all, or even some, of the damages you are claiming.  In cases where a settlement cannot be reached fairly quickly, it may be necessary to file a lawsuit in State or Federal Court. Filing suit can delay the settlement process while both sides conduct "discovery."  This is the process by which both sides collect and exchange evidence with each other, in the form of interrogatories, requests for production of documents, and depositions of the parties and witnesses. At a minimum, you should never settle your personal injury case without consulting with an experienced personal injury attorney. Most lawyers will gladly give you a free evaluation of your case and an estimate of what your case might be worth.    Chip... Read More