Indiana Car Accident Legal Questions

Dear Anonymous,   Yes.  It is true that the insurance company is only required to pay you fair market value for the damage to your vehicle even though it was the other driver's fault.  However, if you were injured in the accident, you would be entitled to be compensated for your reasonable medical expenses, lost wages, pain and suffering, and any permanent impairment.  Check with your own insurance company to be sure you don't have GAP insurance, which would cover the difference between what you owe on the vehicle and the fair market value.   Chip Clark... Read More

Dear Aonymous, Police reports are often inaccurate, yet insurance companies rely heavily on the information reported in them, unless it does not work in their favor.  Oftentimes, the only way that these discrepencies get sorted out is when each of the parties involved is required to give a deposition, and that only happens after a lawsuit has been filed.  Police reports, by their very nature contain only the police officer's interpretation of hearsay from each of the witnesses, and are not even admissible in Court as a result.  I would recommend that you contact an experienced personal injury attorney to discuss your claim.  Please feel free to give me a call and I would be more than happy to give you a free case evaluation. Very truly yours, Chip Clark... Read More

This is an unfortunate accident, but it is precisely the reason why you have insurance, and you should turn it over to your insurance company immediately.  Failure to notify your insurance company in a timely manner may give them the right to deny coverage for the loss.  Most automobile insurance policies require timely notification so that your insurance company has an opportunity to investigate the claim, inspect the damage, and make a determination regarding liability.  Failure to do so could result in your daughter being personally responsible for the damage to the person's vehicle.... Read More

Dear Shermeen,   Just because the at-fault driver's insurance company is insolvent does not mean that you don't have a chance for recovery.  However, it can make settlement of your claim more difficult, and your recovery may be limited. You must file a lawsuit within two years of the date of the accident, or you risk forfeiting your claim altogether.   Chip Clark... Read More

Although it is illegal to drive without insurance, this isn't relevant to establishing liability in a car accident. Even if you are sure she was at fault, the insurance company might not see it that way. After the accident, did you file a police report and did you obtain a copy? Did you take pictures of the scene of the accident? Did you speak with any eyewitnesses, and do you have any of their contact information?   The more documentation you have, the better your chances are at proving she was at fault. If you can do that, you will have a better chance at obtaining compensation.   D'Amico, Griffin & Pettinicchi465 Straits TurnpikeWatertown, CT 06795Local # : (866) 848 7077... Read More

Dear Anonymous,   Your insurance company is only required to pay you the fair market value (FMV) for your vehicle.  If you dispute how they have arrived at the FMV, or you have evidence that the vehicle had new equipment that was not considered in their valuation, you should submit it to them.  However, as I am sure you know, most vehicles depreciate considerably as they age.   Good luck,   Chip Clark... Read More

Dear Anonymous, Because every auto claim is different, there is no standard time for how long they take to resolve.  For example, you would never want to settle your claim until you are confident that you are not going to require additional treatment for your injuries.  You only get one bite at the apple when it comes to settling your personal injury and property damage claim.  Once you sign a release, you will be forever barred from ever suing the person that caused the injuries or getting any more money from their insurance company.  I strongly recommend that you speak to a qualified personal injury attorney before accepting any settlement offer from an insurance company.  With regard to the car seat, if it was injured as a result of an accident, then it would be considered a part of the property damage claim, just as if it were a part of your vehicle.  I hope this helps.  If you have other questions, I would be happy to answer them if you would like to give me a call. Chip... Read More

Dear Debbie,   Without seeing exactly what you signed, it is difficult for me to answer definitively.  However, if you received payment for personal injuries from the insurance company of a tortfeasor, I can almost guaranty that you have released any rights you may have had to sue their insured for your injuries.  That is why it is imperative that you speak to an experienced personal injury attorney before you ever sign any documents presented to you by an insurance company.   Best of luck,   Chip... Read More

You are not likely to be sued, unless you were directing his actions at the time of the accident.  Assuming your son was a permissive user of your vehicle at the time of the accident, then your insurance company should cover any damages suffered by the accident victim(s), as well as provide a defense for your son in the event he does get sued.  You should notify your insurance company immediately so that they can open a claim and begin their investigation of the accident.  Failure to notify your insurance carrier could result in a denial of coverage. ... Read More

This would depend on what your mom signed when she settled your injury claim.  Typically, however, an adult has the authority to compromise a claim for a dependent minor.  Furthermore, an insurance company would not likely settle the claim without getting a full release from the parent or guardian, which would include an acknowledgement that by accepting money, the parent was releasing all future claims of that child.  If the amount of the settlement exceeded $7500.00, then the probate court in the county where you resided would have to approve the settlement as well.... Read More

As personal injury attorneys we often put a lot of emphasis on the observations of the police officer in his or her official report.  However, despite their best efforts, police officers don't always get it right when they assign the primary cause of an accident.  As such, it is important to carefully scrutinize the police report to make sure that the information contained therein is correct and accurate.  You can bet that insurance companies will deny liability if the report indicates that their insured was not at fault.  Therefore, it is important to note that you can still sue a party even if the information contained in the report is wrong.  It may mean you have a more difficult time settling a case, and you may have to go to trial to prove that the report is wrong, but you are entitled to do that under our system of justice. ... Read More

Erick, Under Indiana Law, generally the only way that a party can be ordered to pay another party's legal fees is if there is a statute that allows for the prevailing party to get fees, or if the parties have a contract that allows for the prevailing party to receive fees from the losing party.  In a civil tort case such as yours, you do not have a contract with the other party, and Indiana Tort Law does not allow for the prevailing party to recover attorney's fees.  In small claims court, the maximum you can recover from the tortfeasor is $6,000.  Good luck! Chip  ... Read More

Dear Anonymous,   Because your claim for uninsured motorist coverage is contractual in nature, you are going to have to look at your insurance policy to determine what statute of limitations will apply.  In Indiana, the statute of limitations for a tort is two (2) years from the date of the injury.  However, in your case you would be suing your insurance company directly for a benefit that you have under your contract for insurance (uninsured motorist coverage).  Some insurance policies will state that the statute of limitations to sue under the policy is the same as the tort statute, two (2) years.  Other policies state that the limitations period is the standard six (6) years for breach of contract.  However, because an insurance policy is a contract, and by signing it, you have agreed to its terms, shorter limitations periods have been upheld by Indiana Courts.  Therefore, it is very important that you read and understand the applicable limitations period for filing a lawsuit under your specific insurance policy.  If your attorney has missed the statute of limitations, then they may have committed legal malpractice, and you would have a claim against your attorney.   Chip... Read More

In Indiana, the statute of limitations to sue someone for an injury is 2 years from the date of the accident.  If you do not file a lawsuit within 2 years, your claim will be barred and you will not be able to recover any money for your injuries.  There are some very limited exceptions to this, for example, if you were under age 18 at the time of the accident, the statute of limitations will be tolled until 2 years after your 18th birthday.  If you have specific questions about your case, you should contact an experienced personal injury attorney.... Read More

Dear Anonymous,   If you were injured in the accident, you should definitely contact an experienced personal injury attorney.  If you only have a claim for property damage, and you have comprehensive coverage on your vehicle, your insurance company should pay for the damage to your car upon you paying your deductible.  However, if you do not have collision coverage, and only carry liability coverage on your vehicle, then you are going to have to pursue the other driver's insurance company to pay for your car.  If the other driver did not have coverage, then you would have a claim to sue him for the damage to your vehicle.  Depending on the value of your totaled vehicle, you may be able to make a claim yourself in court.  If the value of your car is less than $6,000, the quickest way to file the claim would be in small claims court in the jurisdiction where the accident occurred, or where the other party resides. If you have any further questions, do not hesitate to contact me for a free case evaluation.   Very truly yours, Chip Clark  ... Read More

If you have not yet done so, I strongly encourage you to speak to an experienced personal injury attorney about your husband's case.  The other driver's insurance company will be investigating the accident, and it is important to have someone on your side when dealing with their insurance representatives.... Read More

Under Indiana law, the insurance company for the other driver is only obligated to repair your vehicle, or pay you the fair market value for the vehicle if it is determined to be a total loss.  You could pay your deductible and have your own insurance company pay for the repairs, but again, unless it is totaled, they are only going to repair it, not replace it with a new vehicle.  In your situation, it sounds like you use the vehicle to earn a living, and therefore you may be entitled to lost income as a result of your vehicle being in the shop.  If you were injured in the accident, you would also be entitled to payment for your reasonable medical expenses, pain and suffering, and other damages related to the accident.... Read More

I am very sorry to hear about the loss of your daughter.  The loss of a child is not something that any parent should have to endure.  Making changes to the Indiana Criminal Code would require an act of the Indiana Legislature.  That is a process that would best be discussed with you local state representatives.  While no amount of money could ever replace you daughter, I would recommend that you speak to an experienced personal injury attorney to discuss whether there is insurance available to help offset the costs of medical, funeral and burial expenses.  The statute of limitations for filing claims is two years in Indiana, and therefore to protect your rights, a lawsuit would have to be filed by December 5, 2014 (the two year anniversary) of the accident.... Read More

There is no such requirement to spend the proceeds of a personal injury settlement within 30 days. In fact, you only get one chance at a settlement, and often those funds have to makeup for a lifetime of pain and suffering, future lost wages and medical expenses caused by the accident. If you would like to speak with an experienced personal injury attorney, please contact us. ... Read More

Rarely does it make sense to negotiate with the insurance company alone.  Often, the insurance companies will attempt to pin liability on the victim in an attempt to limit their exposure.  Call me for free case evaluation and I will give you my opinion with regard to liability for your accident. 1-800-625-4710... Read More