Indiana Car Accident Legal Questions

Dear Anonymous, There could be a question as to whether the vehicle owner's insurance will cover this accident.  For your uninsured coverage (UM) to come in to play would presume that there was no coverage available for the other driver. If there is coverage available to him, then you would be looking to make a claim for your own underinsured benefits (UIM), assuming the other driver is underinsured.  Your UIM benefits will not kick in until the limits of the other driver's available insurance have been paid.  You need to be very careful when dealing with insurance adjusters that you make sure you know all of the available coverage have been exhausted.  This can be tricky, and this is where an experienced personal injury attorney can be very helpful to you.  Also, an intoxicated driver could be subject to punitive damages, although these are likely not going to be covered by insurance.  I would be happy to answer any specific questions that you might have regarding your injuries and the value of your case, and what to expect going forward with the various insurance companies involved. I strongly urge you to talk to someone before you make any type of settlement with any of the insurance carriers involved. Very truly yours, Chip Clark... Read Answer

Unfortunately, "Yes!"  Your situation is all too common, wherein you owe more on the vehicle than its fair market value.  The insurance company is only required to pay you the fair market value for your vehicle.  If you owe more to the bank, you still have to pay them the balance of your loan.  Sometimes the banks will work with you depending on how much you still owe.  Best of luck.   ... Read Answer

Operating a Vehicle Without Proof of Financial Responsibility is a Class C Misdemeanor.  You will not have to serve jail time, but will likely pay a fine.  If the other driver had insurance, it is also possible that his/her insurance company could file a civil lawsuit against you to try to collect any money that they are required to pay out to repair the damage to their insured's vehicle.  This process is called "subrogation."  The insurance company would have two (2) years from the date of the accident to file their subrogation claim against you.  Again, this would be a civil matter (not criminal) and would only be seeking money from you...no jail.  Best of luck.... Read Answer

Under Indiana Law, governmental entities and public employees are excepted from the Indiana Comparative Fault Act.  Therefore, those entities or individuals are entitled to the defense of contributory negligence.  In the case of your father, any negligence found on his part would be a complete bar to recovery.  Had he been struck by a non-governmental employee, then Comparative Fault would have applied and the fault of both parties would be weighed by the trier of fact.  If your father would have been found to be 50% at fault or less, he would have recovered his damages, reduced by his percentage of fault.  If he would have been found to be 51% at fault or more, he would recover nothing, just as happened under the contributory negligence analysis.  Bottom line is that it is more difficult to prevail against a governmental entity in Indiana because of the contributory negligence defense.  A mere 1% of fault on the plaintiff means a win for the defendant.... Read Answer

Dear Mr. Jenkins, Your situation sounds a little unusual, but from what I can gather, the other driver's insurance company has accepted liability and has agreed to repair the damage to your vehicle; however; there a necessary part, and know one knows when it will be available.  You should request that the other driver's insurance company provide you with a replacement vehicle car while you are waiting for your car to be fixed.  You may also want to seek another repair estimate and see if the part really is as hard to come by as you are being told. Good luck, Chip Clark... Read Answer

Dear Veteran, Let me start by saying "Thank You," for your service to our Nation.  The quick answer to your question is, "No."  The fact that you are not charged for your medical care, does not diminish the value of your personal injury claim.  Even though your treatment at the VA hospital does not cost you anything out of pocket, the VA is still entitled to be reimbursed for the value of any treatment that they provide.  This lien would be paid back out of any settlement proceeds that you receive from the responsible party or their insurance carrier.  The VA is keeping track of the actual cost for their services, and all of your records and bills would be available from the VA by submitting an authorization to release those records.  If you have any other questions, or if you would like assistance with your personal injury case, please do not hesitate to contact me. Very truly yours, Chip Clark... Read Answer

To answer your question specifically would require an examination of the specific language of your insurance policy.  Typically, if you have medical payments coverage under your policy it would pay for medical expenses incurred by an occupant of the vehicle.  Medical payments coverage would be paid directly from your insurance company to the medical care provider.  However, all policies contain exclusions which allow the insurance company to deny coverage in certain instances.  In this particular situation, there could be what is referred to as an "unlicensed driver exclusion" which prohibits coverage for any violation of the driver's license, which would include transporting passengers on probationary license.  If you do not have medical payments coverage under your policy, the passenger still may have a claim for injuries they sustained while riding in your vehicle, but that would not result in a direct payment of medical expenses to the medical provider.  Those bills would have to be paid by some other means, and then paid back when the claim settles.  You should be aware that most policies that contain the unlicensed driver exclusion will exclude all coverage under the policy, and you could be personally liable for injuries caused by your son's negligence.... Read Answer

Insurance companies are only required to pay the Fair Market Value of the vehicle that was damaged.  In this case, it sounds like they are trying to say that your car was worth less than you owed the bank on your loan.  Unfortunately, this is an all too common occurrence.  It may be that you can negotiate with your lender for them to accept the insurance proceeds as payment in full of your loan.   However, if the lender will not agree, then you could end up having debt collectors calling you for the balance of your loan.  You could even get sued for payment of the loan balance.  If you were injured in the accident, you may be entitled to compensation for your medical expenses, lost wages and pain and suffering.  If you have specific questions about your situation, please feel free to call me, and I will do my best to assist you in any way that I can.  I am a personal injury attorney in Indianapolis, and have been practicing for over 15 years.... Read Answer

If, in fact, the head trauma from the accident was the cause of your seizure, then you would likely have a claim against the driver of the vehicle you were riding in, as well as any other drivers involved in the accident.  I am not sure I understand why you lost your license or the issue with your college, but if you would like to contact me, I would be more than happy to answer any specific questions you might have about your injuries and whether you have a claim for personal injury.... Read Answer

The person who ran the stop sign should have insurance which should ultimately pay for your medical expenses, lost wages, and pain and suffering.  With serious injuries such as yours, however, many motorists do not have sufficient insurance coverage to pay for all these damages.  In those cases, you may have a claim for underinsured motorist coverage through your own insurance carrier.  Depending on your individual circumstances there may be other coverage available as well.  It is imperative that you contact an experienced personal injury lawyer before you make any decisions with regard to settling with any insurance company, as it could affect your rights to pursue other available coverage.  I would be more than happy to answer any specific questions you might have about your case.  I can be reached at 1-800-625-4710.  ... Read Answer

It is difficult for me to answer your question without more information.  It sounds like you owned the car with someone else.  If that is the case, the check from the insurance company will most likely be made out to both of you, and will require both signatures to negotiate.  If I can answer a specific question for you, give me a call.  (317) 574-3090.... Read Answer

Dear Mr. Owen, The answer provided by Mr. Bisnar is very accurate.  Most likely, the statute of limitations has run, and you would be barred from making a claim.  However, IF you were a minor at the time of the accident, you MAY still have time to make a claim.  In Indiana, the statute of limitations would not begin to toll until you reached the age of 18.  Therefore, you would have 2 years from your 18th birthday in which to file suit.  Having said that, I would still agree with Mr. Bisnar that the liability as it pertains to the design of the road would be difficult to prove.  However, you may have had a very strong claim against the driver of the vehicle in which you were riding, depending on your relationship to the driver.  If you would like to speak to an Indianapolis Injury attorney about your particular case, please feel free to contact me.  There is never a fee charged for such a consultation, and I would be more than happy to answer any questions you might have. Chip Clark... Read Answer

Assuming your child was legally operating your vehicle with your permission, it is unlikely that you would be sued by anyone that he may have injured.  Parents can be responsible for the negligent acts of their children, but in a situation such as this, you had no control over his actions behind the wheel, and thus could not be considered negligent.  In Indiana, insurance follows the vehicle, not the driver, thus your insurance would cover your child in the event that he/she would be sued.  This would also mean that your insurance company would provide a defense for him/her and pay out any settlement or verdict up to your policy limits, if appropriate. As an Indianapolis attorney who has represented both insurance policy holders such as yourself, and injured motorists, I can tell you that this is not an uncommon occurrence.  If you have any questions about your specific case, please do not hesitate to contact me.  Initial consultations are always free of charge.... Read Answer

My first question is, "Did you sign a Release?"  Secondly, I would like to know when the accident happened?  If you did agree to a settlement and signed a Release, then you may not be able to bring a lawsuit to redress your injury.  However, if you have not received your settlement amount, it suggests that maybe you just agreed with the other driver without involving your insurance companies.  Remember, in Indiana, you only have 2 years from the date of the accident to file a lawsuit.  This is called a "Statute of Limitations."  Please call me and allow me to evaluate your legal options.  There is no charge unless we accept your case and are able to reach a settlement.  I have been an Injury Attorney in Indianapolis for 15 years, and I would be more than happy to personally answer any questions you may have.... Read Answer

Indiana law requires that any settlement with a minor must be probated if the amount the child is to receive exceeds $10,000.  This number has changed over the years, and 11 years ago the amount would have been significantly less.   29-3-3-1 Payment of debt owed to minor; delivery of minor's property; application of property Sec. 1. (a) Any person indebted to a minor or having possession of property belonging to a minor in an amount not exceeding ten thousand dollars ($10,000) may pay the debt or deliver the property without the appointment of a guardian, giving of bond, or other order of court directly to any person having the care and custody of the minor with whom the minor resides. Usually, it is the child's parents who are appointed guardians for the child, so it is surprising that your mom does not recall whether you, in fact, do have a bank account where the funds are being held.  However, it may be that she was not the one appointed as your guardian in this particular instance. The best way to find out if there are settlement funds is to search the probate court docket in the county where you lived at the time of the accident or settlement.  If there is an account, you will need to seek the probate court's approval, and prove that you are now 18, in order to have access to the account. If you need further assistance, don't hesitate to call the Indianapolis Injury Attorneys at Goodin Abernathy, LLP.  ... Read Answer

There is no "normal" for a case.  There really are no "normal" cases.  Every case us unique. How much pain are you in?  How old are you?  How much income have you lost?  How has/will this injury effect your future income?  Will you injury inhibit your life activities or hobbies?  Do you have a surgery recommendation? How bad is the herniation?  What level is your herniation?  Was the person who hit you intoxicated at the time?  How much insurance does the person that hit you have?  What are their assets?  Were they on the job at the time?  Were you on the job at the time?  How much underinsured motorist coverage do you have?  What jurisdiction are you in? All of these questions and more are necessary to consider before putting a value on your case. Do yourself a favor and get a consultation with the best local personal injury firm you can find.  Most of the best car accident attorneys will provide you a free consultation.  John Bisnar, BISNAR|CHASE, Personal injury Attorneys   800-956-0123 Visit our traffic collision and car accident website, www.California-Lawyer-Attorney.com... Read Answer

When dealing with a personal injury claim against the State of Indiana or other governmental or quasi-governmental entity in Indiana, it is important to understand that the laws are significantly different than if you were making a claim against and individual or private entity.  First and foremost, Indiana's Comparative Fault Act does not apply to a governmental entity.  This is significant, because any contributory negligence on the part of the claimant could act as a complete bar to any recovery against a governmental entity.  Secondly, there are time limitations for notifying the state by sending what is called a "Tort Claim Notice," alerting the governmental entity of your intent to make a claim.  Lastly, there are limitations on the amount of damages that you can claim from a governmental entity.  Most recently, we see this playing out with the victims of the Indiana State Fair stage collapse.  Currently, damages against the State of Indiana are capped at $700,000 per individual, or a total of $5 million per incident.  Some Indiana lawmakers are proposing that the caps on damages against the State and local governments be increased.  Others are challenging the caps on the basis that they are unconstitutional.  The bottom line is that any time you think you may have a claim against the State or Local Government, you should seek the advice of an experienced personal injury attorney.  For more information, click to learn more about the Indianapolis Injury Attorneys at Goodin Abernathy, LLP. ... Read Answer

Insurance adjusters handle these types of claims everyday and they are skilled at what they do.  If you are not someone who deals with insurance claims regularly, the path to recovering the damages you are legally entitled to may seem foreign and unfamiliar.  You may very well be able to resolve this claim on your own, but I would strongly encourage you to seek the the advice of an experienced Indianapolis injury attorney to learn what you are legally entitled to.  Do NOT sign anything or give a statement to the insurance adjuster until you have spoken to an attorney.  The other driver's insurance company should fairly compensate you for both the damage to your vehicle or other property, as well as for your personal injuries, pain and suffering, lost wages, and any other damages that you have suffered as a result of the other driver's negligence. Please call me today for a free consultation.  I will be more than happy to explain the process to you, and assist you in any way that I can.... Read Answer