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Indiana Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: Is there a statute of limitations on auto accident lawsuits in Indiana?
Charles Candiano
Charles Candiano
answered on Feb 14, 2024

Suit MUST be filed on or before the 2nd anniversary of the accident or your 20th birthday, whichever occurs later. The Statute can be tolled by mental infirmity but you need to seek the guidance of an experienced personal injury attorney with all relevant details.

Q: How do you know if a limit goes by statue of limitations or statue of repose?

Was in wreck cause defective ball joint upon hitting a guardrail at 50mph the air bag did not go off so hit the windshield twice which slit my face open. Filed complaint pac took over claim, then said they was escalated to esis. Esis denied the claim cause statue of repose, so remessaged pac whom... View More

T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2024

In Indiana, determining whether a claim is governed by a statute of limitations or a statute of repose depends on the specific nature of the claim. The statute of limitations sets the maximum time after an event within which legal proceedings may be initiated, while the statute of repose limits the... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Indiana on
Q: Can i sue the estate of the person i was riding with who had no insurance I sustained injuries.

I was riding on a motorcycle with a person who come to find our had no insurance. This person has passed on the lawyer i spoke with basically said he couldn't help because there was no insurance. I was injured in this accident. I have had to have family and friends take care of me and get me... View More

Charles Candiano
Charles Candiano
answered on Oct 30, 2023

Like the answer to so many legal questions, it depends. First of all, you need to be able to prove that your friend who was operating the motorcycle was negligent (beyond the fact that he failed to purchase insurance). An attorney is unlikely to take your case because the attorney would have no... View More

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2 Answers | Asked in Car Accidents for Indiana on
Q: I had an accident and my insurance has refused to cover my claim because I was doing DoorDash and I need a proof of finc

And I need a proof of financial responsibility in the form of certificate of compliance

Charles Candiano
Charles Candiano
answered on Oct 6, 2023

Whenever you earn money by driving, that driving is NOT covered under your personal automobile coverage unless you purchase coverage for business use of your vehicle. Most people do not purchase this coverage because it is much more expensive. Before you agree to drive for a rideshare company,... View More

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1 Answer | Asked in DUI / DWI and Car Accidents for Indiana on
Q: Can postpartum depression be considered in court in a DUI case?

If you were drinking due to severe depression and anxiety will a judge take that into factor.

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 21, 2023

It should be considered as a mitigating factor by the prosecutor and the judge, which goes to considerations at sentencing, but it is not a defense to the OWI charge.

1 Answer | Asked in Car Accidents for Indiana on
Q: Hello I went around a car that was turning left but I wasn't in the emergency Lane it was a subdivision entrance

And a car coming from the opposite direction turning left we ended up colliding in front of the subdivision opening not an emergency Lane who's at fault

Joel Gary Selik
Joel Gary Selik
answered on Aug 16, 2023

Other factors such as location of opposite direction driver from the intersection may help determine fault.

4 Answers | Asked in Car Accidents for Indiana on
Q: Hello I went around a car that was turning left and collided with that car that was turning left come in the opposite di

Another car was coming in the opposite direction turning left and we collided who's the fault we were in front of a subdivision entrance

Charles Candiano
Charles Candiano
answered on Aug 16, 2023

BOTH DRIVERS. You went behind the car turning left (in your direction) which made it difficult or impossible for the other car turning left to see you. You had the right-of-way because you were going straight. That said, you know that you are prohibited from passing on the right. Whether... View More

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2 Answers | Asked in Car Accidents for Indiana on
Q: I hit downed power lines in my car. There were no road closure or warning signs. Is the power company liable?

I was on my way to work. It had stormed the night before. It cause electrical damage to my vehicle and I had to have it towed to a dealership to be fixed. I haven't got an estimate on cost of damage yet.

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2023

An Indiana attorney could advise best, but your question remains open for two weeks. It's possible they could be, but an attorney would need to investigate the matter in detail. There could be an issue of the power company's notice of the condition (as a general matter nationwide) - a... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: How long should reconstruction of an accident report take to get back. This was a wreck were two people lost their lives
Charles Candiano
Charles Candiano
answered on Jul 6, 2023

I hate to give you the stock answer but it depends upon many factors. For example, what types of vehicles were involved? How many vehicles were involved? Were semi's involved? What was the weather like? Were there eyewitnesses? What type of pavement? What type of grade (was the road... View More

1 Answer | Asked in Car Accidents, Consumer Law and Personal Injury for Indiana on
Q: Axel snapped and tire flew off yesterday after it was "fixed" by mechanic that "fixed" it previously. What do I do?

My mom's car about a month ago had the tire fly off and axel break. They took it to a local mechanic that said it was due to an air bubble in the bearing that's why it broke and the tire fell off. They assured her and checked that all the others were fine and didn't need fixed. This... View More

Charles Candiano
Charles Candiano
answered on Jun 13, 2023

If she was injured, she should immediately contact a personal injury attorney in Allen County. If there are no injuries, the easiest thing for her to do is to make a claim with her own insurance. If the car had been serviced immediately prior to the incident and the incident can be related to the... View More

1 Answer | Asked in Car Accidents and Criminal Law for Indiana on
Q: Hi I’m fighting a case that was totally and accident but because I was speeding they want me to accept a please of

They want me to accept a please deal of reckless homicide

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 25, 2023

Baed on your post, you are charged with a crime----as such you need a lawyer. use the Jus\tia Find a Lawyer tab and search for criminal defense lawyers in your area---call a few them and discuss the specifics of your case with them and then hire the one with whom you are most comfortable. If you... View More

2 Answers | Asked in Personal Injury and Car Accidents for Indiana on
Q: If I was in a wreck and didn't go to the Hospital and 2 months later I knew something was wrong with my HEALTH and body

And went to see an Attorney and we went into arbitration and I kept telling my Attorney I did not want to settle out of court and he pressured me to settle cause I didn't go to the Hospital and this whole time I live in Pain and my back and right side of my body was deeply effected I have... View More

Charles Candiano
Charles Candiano
answered on Mar 7, 2023

The facts that you provide are not sufficient to provide a meaningful response. It is absolutely true that waiting two months to secure medical care is usually fatal to your claim. That said, you know the old expression "it depends."

I understand that if you're not...
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1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: If a car hits someone on a scooter is the person on the scooters fault cause impd said it shouldn't be on the streets
Tim Akpinar
Tim Akpinar
answered on Feb 28, 2023

An Indiana attorney could advise best, but your question remains open for two weeks. It depends more on the manner in which the accident occurred and how the scooter was operated. If the scooter shouldn't have been on the streets, a court could look at that point. But in general, that might... View More

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Indiana on
Q: Car insurance is not paying out for the accident. What ca be done?

My daughter's car was hit from behind on December 16 2022. Insurance company has made no movement on paying out the car. Her car has been in impound. She has been paying ride shares and walking to work. What can she do? Does the insurance have time requirement to resolve the issue?

Tim Akpinar
Tim Akpinar
answered on Jan 28, 2023

An Illinois attorney could advise best, but your question remains open for two weeks. Some of your primary options include attempting negotiation with the carrier, filing suit in small claims court or civil court, or arranging a consult with an attorney to discuss them filing suit or continuing... View More

1 Answer | Asked in Car Accidents for Indiana on
Q: Hello,I was merging on to an expressway and hit an abandoned car that was not visible? Am I at fault.

I was merging but I also had to avoid a semi that drifted in my lane. The stretch of high way bends right and at the end of that bend there was a black abandoned vehicle with no lights on or anything to signal they were stopped. The second I go to merge and avoid the semi I hit the abandoned... View More

Tim Akpinar
Tim Akpinar
answered on Dec 21, 2022

An Indiana attorney could advise best, but your question remains open for two weeks. I hope you are okay. It sounds like a very serious accident with the flip-over. From a textbook standpoint nationwide, it's possible to argue that both of you bear some liability. The fact that no measures... View More

1 Answer | Asked in Car Accidents for Indiana on
Q: I was the victim of a hit and run in a lot. My car was parked. I left the scene. The driver was ok. Will I be charged?

I had no knowledge the police had been notified, therefore I left. Other civilians called an ambulance. There were no injuries.

Charles Candiano
Charles Candiano
answered on Dec 12, 2022

If you were parked and somebody hit you hard enough for bystanders to be so concerned that they called the police and an ambulance, the police will wonder why you would leave without exchanging insurance information or making a police report for your insurance. The conclusion that would be drawn by... View More

1 Answer | Asked in Car Accidents, Education Law, Juvenile Law and Wrongful Death for Indiana on
Q: My 17 yr old son was convinced to move from his residence with his dad and nana in Kentucky to live with his girlfriend

& her family in Indiana. My son's father signed over educational guardianship to the girlfriend's grandma, as it was her property they had moved to. The same school initially told my son the school was his district based on his address. A week later they received records from the... View More

Charles Candiano
Charles Candiano
answered on Dec 4, 2022

Your son's death was a terrible tragedy. That said, there is something wrong with the facts. "There are no buses to your home" CANNOT be reconciled with a bus stop a few houses down. Either way, his custodian (the girlfriend's grandma) is NOT responsible for his death.... View More

2 Answers | Asked in Car Accidents for Indiana on
Q: I was involved in an auto accident. Can I get help?

A drunk driver totaled my car and stumbled away from the scene. I cannot seem to get any help whatsoever from any attorney because I was not insured so to speak from the accident. However my car was totaled. Nobody seems to care about that tho. This accident caused me an an enormous amount of... View More

Tim Akpinar
Tim Akpinar
answered on Nov 21, 2022

An Indiana attorney could advise best, but your question remains open for a week. One reason for the difficulty could be that if the matter only involves property damage, not every accident law firm handles those. There's a tab above if you want to make further efforts at contacting attorneys.... View More

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1 Answer | Asked in Car Accidents and Traffic Tickets for Indiana on
Q: My friend was driving my car and I was asleep. He hit phone pole and ran. I walked home because I was scared what do I d

I don't have insurance and I'm scared. The cops came here but I hadn't made it home yet. I don't know what to do

Charles Candiano
Charles Candiano
answered on Oct 12, 2022

If your friend had insurance, the accident is covered.

If your friend didn't have insurance, you gave your friend permission to drive your car, knowing that it was uninsured so you are responsible for all property damage and/or personal injury that resulted. Whether you were driving...
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1 Answer | Asked in Car Accidents for Indiana on
Q: Am I reliable for all damages rendered after a not at fault car accident because I didn't have car insurance?

I was not at fault for the accident.

Location, state of Indiana.

This is the first time I was involved in an accident not having car insurance coverage.

No personal injury occured during the accident.

Damages rendered was my to my own vehicle and property damage to... View More

Tim Akpinar
Tim Akpinar
answered on Oct 6, 2022

An Indiana attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney, not having insurance does not necessarily make one liable for damages. The person would be in violation of state laws for having an active insurance policy in... View More

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