Indiana Car Accident Legal Questions

Dear Anonymous, I am sorry to hear about your tragedy. If the other driver truly had no insurance, then you must aggressively pursue your own Uninsured Motorist Coverage on the vehicle your husband was driving.  Unfortunately, $100,000 is not going to begin to adequately compensate your husband and your family for what you have had to endure.  You mentioned your husband was on his way to work.  It is possible that there is Worker's Compensation coverage that may apply.  Did you and your husband have an umbrella insurance policy?  These are just a few things that would need to be explored more fully in order to determine whether there may be additional insurance coverage available to compensate your family for what you have lost. I would strongly encourage you to contact an experienced personal injury attorney to analyze the specific facts of your case and give you a free case assessment. Thank you for participating in Ask a Lawyer.   Christopher E. "Chip" Clark... Read Answer

Dear Terri, The phrase "full coverage" is one of the biggest misnomers that exists in the world of insurance.  It is a phrase that is commonly used by insurance agents in their effort to reassure consumers that they will be protected under any and all conditions.  Unfortunately, the reality is that "full coverage" is meaningless without context, and you become lulled into a false sense of security by thinking you have more coverage than you do... which you don't find out until you actually become involved in a collision! You did not specify exactly how much coverage you have.  I assume you are referring to "Collision" coverage-- where you pay a deductible following the incident and the insurance company compensates you for the fair market value of the totalled vehicle.  You will most certainly want to ask the insurance claims representative to send you a copy of your automobile policy, including a document (often called the "Declarations") indicating your coverage availabilities. As I've discussed in a previous response, the insurance company generally only has to pay you for the fair market value of your vehicle measured at the time of the loss.  If you had obtained financing for your vehicle, you may still have obligations to pay off the balance before you are released from that debt.   For more information about the "Myth of Full Coverage," see: http://www.avvo.com/legal-guides/ugc/the-myth-of-full-coverage-auto-insurance. Best of luck to you, Lance Ladendorf, Esq.... Read Answer

You need to turn this over to your insurance company immediately.  They will pay for a lawyer to defend you in this lawsuit.  However, If you wish to bring your own claim against the man that hit you, you will likely need to hire a lawyer of your own choosing to represent you for that part of the case.  It could be brought as a counterclaim in the small claims court; however, the maximum amount you can recover in small claims court in Indiana is $6,000.  Good luck.... Read Answer

Dear Anonymous, Your question raises a lot of legal issues.  As an Indiana attorney that has been involved in both representing injured persons, as well as defending claims for insurance companies, I can see that there are too many issues for me to address in a just a few paragraphs.  However, based on what you have stated, I would implore you to seek out competent legal counsel as this appears to be a very serious situation.   It is possible that you did have insurance coverage available to you at the time of the accident, and just because your insurance company has denied coverage and is not offering you a defense in the wrongful death case, does not mean that you should try to represent yourself in a lawsuit.  Insurance policies are contracts, and presumably your insurance company has taken the position that they do not need to defend or indemnify you because you breached the contract.  Oftentimes, an insurance company with file a legal action against their insured seeking a "declaratory judgment."  Basically, this is a lawsuit where the insurer sues their own insured, seeking a ruling from the Court that says, "we are not obligated to defend or indemnify this insured because they breached our contract."  In Indiana, the duty of an insurance company to defend their insureds is broader than the duty to indemnify (pay the claim), and therefore you might be entitled to an attorney, hired and paid for by your insurance company, to defend you in the wrongful death lawsuit. Your first step is to hire a lawyer of your own choosing to determine whether you might have any arguments against your own insurance company that would avail you of coverage.   If in fact you do not have any available coverage, then you are going to need a lawyer to defend you in the wrongful death case.  There are deadlines for responding to the Plaintiff's Complaint, and litigation is not something you should try to handle on your own.  Keep in mind, if you do not have insurance coverage, and are found to be responsible for your friend's death, then your personal assets are at risk if a judgment is obtained against you.  That means you either pay, or try to discharge the judgment in bankruptcy.  Furthermore, not all judgments are dischargeable in bankruptcy.  For all of the aforementioned reasons, you need an attorney! Best wishes, Chip... Read Answer

Dear Anonymous, I am going to need some additional information in order to fairly and accurately respond to your question.  When you say "hit to the ground,"  were you struck by a vehicle, or physically knocked down by another person?  If you were hit by a vehicle in the parking lot, then you would likely have a claim against the other driver. The next question I would need to know is whether you were acting within the course and scope of your employment at the time of the incident.  It may be that your injuries were "work related" thereby making your claim fall under your employer's worker's compensation insurance.  Just because your injuries would be considered "work-related" would not preclude you from making a claim against a responsible third party; however, your medical treatment might be the responsibility of your employer, rather than your own health insurance. Lastly, in order to give you an accurate idea of what your claim might be worth, I would need to know the severity of your shoulder injury.  A "contusion" suggests a bruise, yet your question seems to indicate a more serious injury.  Also, the value of your claim would be different if it turns out to be a work related injury as opposed to being the fault of some responsible third party (other than your employer).  In Indiana, the Worker's Compensation Act, gives value to specific injuries based on the degree of impairment suffered as a result of that injury.  Outside of a Worker's Compensation setting, there are numerous factors which would need to be considered in determining the value of your claim, such as: cost of medical treatment, degree of permanent injury, lost wages, loss of use and so forth. If you would like to discuss your claim further with an experienced personal injury attorney, please feel free to contact me for a free consultation. Chip... Read Answer

Dear Anonymous,   The answer to your question depends on several things.  First, did you sign a release?  If the insurance company was settling your claim in its entirety, they would have insisted that you sign a release, absolving the insurance company and their insured from any further liability.  However, if the check was just for medical payments, or property damage, then you may still be able to recover additional sums.  Lastly, how long ago was the accident?  In Indiana, the statute of limitations for torts is two years, with certain limited exceptions.  As always, it is important to discuss your case with an experienced personal injury attorney.  If you have specific questions, please do not hesitate to call me. Sincerely,   Chip Clark... Read Answer

If the injured driver has proof that the electronic devices were in the damaged vehicle at the time of the accident as well as proof of ownership, then he or she can most certainly claim these items as damages.  It doesn't mean that the insurance company handling the claim will value these items according to the methodology you may have used, but some compensation is in store.  I just recently helped one of my injured clients resolve his property damage claim, which included the destruction of his Samsung Galaxy.  It helped that the damaged phone was retrieved from the totaled vehicle in this case prior to the vehicle being removed from the lot for an appraisal, so that we had concrete evidence to present to the at-fault driver's insurance carrier.  Anonymous, I would ask the Sheriff's lot to verify which items were removed or retrieved from the damaged vehicle after it was delivered to the lot.   Those belongings may not be lost for good.  If it turns out the electronics cannot be located, request an affidavit of loss from the insurance company to complete related to each unique tangible item that was within the car when it was involved in the wreck.  I hope the injured driver is making a good physical recovery from this incident.  A competent Indiana injury lawyer can fight for fair compensation from the responsible party for causing the collision.  If the injured driver would care to speak about what rights to money damages might be available, my office would be happy to review the circumstances of this unfortunate event.  Good luck to you,Lance R. Ladendorf, Esq.... Read Answer

If the automobile insurer for the at-fault party is paying your claim in the first place, it means that they are acknowledging at least partial liability for this claim.  However, if your vehicle has been deemed a total loss, they are only responsible for the "Fair Market Value" (FMV) of your vehicle as of the date of loss.  There are certain vehicle comparison tools that may be utilized in determining FMV, but by and large, the offer should correspond roughly to the FMV according to the NADA Guides.   Remember: The law related to property damage claims such as this only holds an at-fault party responsible for fair market value at the time of the loss-- not the market value when the vehicle was manufactured, not what you purchased it for, and not what you may owe on the vehicle.  Also, if there is a plausible argument that you were at least partially responsible for the wreck, the offer you receive from the insurance company may reflect that.  That is, there may be a downward adjustment from fair market value for the percentage you could be found to have been partially at fault.  I am in no way assuming that is the case, as I do not know the facts of your incident, but I do know that is a factor that plays into insurance companies' valuations.   My best advice for you is to ask the claims adjuster what factors his or her company analyzed in arriving at the offer.  Ask for the insurer to send you a copy of any appraisal or market report that was prepared prior to the communication of the offer.   Good luck, Lance R. Ladendorf, Esq.... Read Answer

Anonymous, With a limited understanding of the facts of your recent collision, I hesitate to express any opinion concerning "fault" for this incident.  Whether you are legally responsible (i.e. at fault) for causing the collision will turn on the reasonableness of your driving conduct, as well as that of the driver whose vehicle you hit.  Depending on the facts, fault could fall upon you, him/her, or a combination of both. Whether or not you were negligent in your operation of the vehicle, I will give you credit for one thing: Once you made contact with the other vehicle, you stopped.  Any driver who is involved in a motor vehicle collision in Indiana is required to immediately stop his or her vehicle and take reasonable steps to exchange information--including proof of financial responsibility (i.e. insurance)--with the driver or drivers of other vehicle(s) involved in the collision.  Ind. Code 9-26-1.  The obligation to stop and return to the scene of the accident is the same regardless of whether or not the accident results in bodily injury and/or death.  A person who knowingly or intentionally fails to stop or comply with these requirements is, at minimum, guilty of a Class A misdemeanor.  See Ind. Code 9-26-1-8.  The practical difficulty of a hit-and-run like this is that once the other driver flees the scene, that might be the first, last, and only chance you'll have to identify that driver.  (I'm assuming you weren't able to catch his/her license plate number.)  The police report (which you can obtain at https://www.buycrash.com/Public/Home.aspx for a nominal charge) may have additional information related to this incident other than what you reported at the scene.  Sadly, less than half of all hit-and-run culprits are ever identified. The question then becomes: Is this simply a property damage claim, or were their bodily injuries associated with this collision?  If you haven't already, you should contact your automobile insurance company immediately and provide the details related to this incident.  You may have Collision Coverage that will cover the damage to your vehicle upon payment of your deductible.  If you were injured and had purchased Medical Payments/Expenses Coverage, you may be able to use the benefits available to help offset some of the cost of your medical treatment.  (This is true regardless of who is responsible for causing the collision.)  I'm sorry about your recent accident, but I hope this information is helpful as you navigate the claims process with your insurance company.  Lance R. Ladendorf, Esq.  ... Read Answer

If you do not have a mutual respect and confidence in your lawyer, then you should find someone else. I certainly can tell you nothing about your case, because I do not have the actual file in front of me. If you cannot get your present lawyer to explain everything to you so that you understand it, then you must move on.... Read Answer

In my experience, there is no bright-line rule to your question of how quickly an insurance company must resolve and pay a property damage claim.  The answer will depend on the facts relating to responsibility for causing the incident. However, in any situation where legal liability is reasonably clear, an automobile liability insurer has certain obligations to the individual(s) to whom its driver is liable.  For example, Indiana Code Section 27-4-1-4.5 prohibits an insurer from failing to promptly settle a claim under one portion of an insurance policy in order to influence settlements under another portion of that policy.  This law often comes into play when a claimant has suffered property damage to her vehicle as well as bodily injuries resulting from the collision.  In such an instance, Indiana insurance law forbids a liability carrier from holding a property damage claim hostage while awaiting the resolution of a personal injury claim arising from the same event. Anonymous, even if you do not have injuries to your person, and it is only your vehicle that has been damaged, you still deserve to have this matter resolved in a timely and equitable fashion.   You have a right to have your vehicle appraised by the other driver's insurance company according to the NADA guidelines and to be compensated for either: 1) the diminishment in value / cost of repair, or 2) if the damage is deemed a total loss, the fair market value of the vehicle (and any options, accessories, etc.) at the time of the incident.   Since automobiles are considered more fungible than human bodies and human lives, property damage claims are generally easier to resolve than personal injury claims.  Thus, in most of the personal injury claims that our attorneys handle, we encourage our clients to try to resolve the property damage portion on their own.  If you have suffered real injuries as a result of your recent collision, I would encourage you to at least consult with an experienced Indiana personal injury law firm.  If, on the other hand, the only damage claimed is to the body of your vehicle, I am hopeful you can work with the other driver's insurance company toward a fair resolution. One final piece of advice: If the other driver's insurer is being obstinate and not paying the claim, you should contact your own insurance company and file a claim under the "Collision" portion of your coverage.  Your insurer is bound by the same laws as the other driver's, but there is the added benefit that it is your insurer, which presumably wants to keep your business and continue to collect your premium payments.  Making a claim under Collision Coverage may require that you pay a deductible, but you will get the proceeds owed to you quicker than continuing to fight the other party's carrier.  Your insurance company will then use its arsenal of resources to go after the at-fault driver's insurer for reimbursement of the amounts it paid on your behalf. Good luck! Lance R. Ladendorf... Read Answer

First, if you have an attorney, you should ask your attorney these questions. You are suing her. Her insurance will pay whatever her liability is up to its policy limits, based on what you can settle for or based whatever a court awards if it goes to trial. You talking to her could make a big difference because you could disclose your attorney's negotiation or trial strategy to her, and she could disclose this same information from her insurer or attorney to you. Your attorney can recommend that you not talk to her, but it is still your decision as to whether you take your attorney's advice. Her attorney or insurer can do the same, and it is her decision. However, in her case, if the insurer asks her to refrain from talking to you, and she ignores this request, they could possibly deny coverage based on her failure to co-operate.... Read Answer

Cindy, I am sorry to hear of the loss of your mother, particularly under these avoidable circumstances.  The dangers of distracted driving are real, and our society must continue to address these dangers so that preventable incidents such as this one will not happen in the future. Indiana law concerning the duties of motorists to pedestrians in a crosswalk is very clear: If a person who drives a vehicle is involved in a collision with a pedestrian legally in a crosswalk, the collision is considered apparent evidence of the driver's failure to yield the right-of-way.   (I.C. 9-21-8-33).   Based on the facts you provided, it would appear that a negligence claim could be brought against the driver who struck your mother under the Indiana Wrongful Death Act.   In Indiana, there are three (3) categories of wrongful death decedents: (1) Adults with dependents, married adults, and/or adults with death creditors; (2) Unmarried adults with no dependents; and (3) Children. In your case, the amount of money damages that are recoverable to the loved ones affected by the loss--including yourself potentially--will depend in part on whether your mother was married and/or had any dependents at the time of her passing.   Wrongful death actions are among the most complex types of civil cases.  Indiana law requires an estate for wrongful death damages to be opened in order to appoint a personal representative to pursue the claim on behalf of the deceased's estate.   You, Cindy, may be an appropriate person to serve in this capacity to bring justice to those who were hurt most by this loss. I cannot say with any certainty whether any criminal charges will be brought against the driver.  There would need to be proof that the actions of the driver rose to the level of recklessness, as our State's criminal law does not want to punish people for inadvertence or lack of attention.  However, our civil body of law allows for certain individuals to be compensated for the loss of a loved one that occurred because of another's carelessness.   If you would like, our attorneys would be glad to answer any specific questions you may have about the process of bringing a wrongful death claim.  We represent clients in wrongful death cases on a contingency fee basis, which means that we only are entitled to legal fees if we are able to make a financial recovery for our clients.   Best wishes, Lance Ladendorf (317) 842-5800... Read Answer

If you truly did sign a release of your claim for personal injury, then you probably do not have any recourse.  Did you accept any compensation in exchange for signing the release?  Was the release just for payment of your property damage?  If you would like for me to review the document that you signed I would be happy to do that for you.  I will be able to tell you very quickly whether or not you may still have a claim.... Read Answer

Dear Mrs. Woessner,   Unfortunately, there is no magic formula for calculating damages in a personal injury claim.  Insurance companies have tried to use computer programs which analyze medical expenses, lost wages, the need for future medical treatment, and numerous other factors to try to determine what is a reasonable value for your injuries.  However, the bottom line is that each case is unique, and your diagnosis of two bulging discs might be very different than someone else who suffered the same injury. The classic example would be the professional athlete who can no longer compete because of an injury.  That person would have a much larger claim than you or I, assuming we could continue to work at our chosen professions.   In valuing any injury case, we also have to look a person's prior medical history, and the projected cost of future treatment.  For example, if your doctors say you may need to have a surgery at some point to repair your herniated disks, you must factor in the cost of that surgery, your time off work, and the pain and suffering you will have to endure before considering what to accept as a settlement from the insurance company.  A skilled personal injury attorney will help you maximize your settlement with the wrongdoer's insurance company.  If the case cannot be settled, then you always have the option to try your case to a jury of your peers and let them decide what is a reasonable value for your injuries.  A good personal injury attorney can show you what jurors have awarded in similar cases in your state or county, which can help you determine what your case might be worth if it were to go to trial. I hope this has been helpful to you.  If I can answer any specific questions you might have, please feel free to contact me for a free consultation. Very truly yours, Chip Clark... Read Answer

Dear Anonymous,   You are likely to get a better response from your own insurance company assuming you had coverage for your property damage.  Yes, you will have to pay your deductible, but your insurance company will try to get that back for you through a process called "subrogation."  Subrogation is simply your insurance company collecting what they pay you from the offending party's insurance company.  Also, because your daughter was injured in the accident, and it was not her fault, she is entitled to compensation for her medical bills, pain and suffering, and lost wages (if any).  To collect for her personal injuries, you will need to make a claim with the other party's insurance company, and this is another way to recoup your deductible and any other out of pocket expenses.  If you would like to discuss your daughter's claim in more detail, please contact me for a free consultation. I would be happy to discuss the claims process with you.   Very truly yours, Chip Clark ... Read Answer

No.  What you did was congratulatory.  Although, if you had not been able to notify the owner of the vehicle, reporting it to the police would have been a good idea.  By notifying the owners of the hit and run, they could then decide whether or not to report it.  I suspect that the owner later decided to report the hit and run, and the police officer was just wanting to get a statement from you because you witnessed the accident.  I commend you for taking the initiative to notify the owner of the vehicle that was hit, and getting the license plate number of the driver who fled.  Unfortunately, in today's society, there are too many people who just don't want to get involved.  Good work! ... Read Answer

This will depend on whether you were driving a "covered auto" as defined by your particular policy. Assuming there is no issue with regard to the other driver's fault, his insurance should be primary for paying for your property damage and any medical expenses you may have incurred for personal injury.... Read Answer

David, There are several layers to your question, but the simple answer is that by accepting a settlement from your insurance company, you will preclude yourself from pursuing a claim for bad faith.  They are not going to pay you without a full release of any and all claims.  I will be happy to answer any questions you might have with regard to the specifics of your claim.  You can contact me directly at (317)843-2606. Thanks, Chip... Read Answer

The fact that your car was not insured does not matter.  As long as you can demonstrate that the damage to your car was the result of the other driver's fault, then his/her insurance should pay for the damage to your vehicle.  A police report which documents the incident should be helpful in proving your claim.  If your car would have been insured with property damage coverage, then it is is likely your own insurance would have paid for the repairs, and your insurance would have sought reimbursement from the other party's insurance through a process called subrogation.... Read Answer

I would recommend that you check with your apartment manager.  Your apartment complex may have rules against mechanical repairs out of concern for the safety of the residents.  It is also possible that they may be worried about the possibility of oil spilling onto the parking surface and damaging the asphalt.  However, you won't know until you ask.  Best of luck!... Read Answer