QUESTION
I was involved in an accident in Farmland, IN which the vehicle I was driving was 17 days old, the accident did cause severe damage to my vehicle.
Asked on Mar 25th, 2014 on Automobile Accidents - Indiana
More details to this question:
My vehicle was 17 days old and only on the road for 1 wk. It was an income producing vehicle and without it I'm totally without revenue. The accident was determine dto be 100% the other fault and his insurance did agree. They want to repair my vehicle which will automatically void some warranty and decrease the value and because I use it coast to coast I will feel unsafe, the accident knocked off the drive train. I had just converted over to using smaller trucks and the cost of transferring everything was a small fortune and very time consuming. I have incurred a multitude of expenses just to secure my property and the other insurance feels I should accept my truck back if they fix it without question as to the warranty. I can go on with a lot of other concerns but these are my priorities. I've been told under Indiana law, I have to accept a repaired vehicle warranty or not.????
1 ANSWER
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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.
Answered on Mar 27th, 2014 at 4:14 PM