Indiana Car Accidents Questions & Answers

Q: If I got into an accident driving my moms car, but have full coverage myself, is there a way to just use my insurance?

2 Answers | Asked in Car Accidents for Indiana on
Answered on Apr 6, 2019
Peter N. Munsing's answer
Usually the vehicle you are in is primary. Talk to your company but unless they go with it it's mom's policy. You can agree to pay for any increase in her policy 9f it was your fault. Now if it's not your fault, no problem.

Q: Should I file a police report? What should I do?

2 Answers | Asked in Criminal Law and Car Accidents for Indiana on
Answered on Mar 11, 2019
Paul Stanko's answer
Leaving the scene of an accident causing property damage is a violation. If there truly was no damage, then there is no violation.

Q: 3 car bumper to bumper accident on interstate. No traffic. I was the 3rd vehicle. Now I’m being sued. How liable am I?

2 Answers | Asked in Car Accidents and Personal Injury for Indiana on
Answered on Feb 15, 2019
John Paul Young's answer
The first thing you need to do is take a deep breath, everything is going to be fine. Second, deliver the summons and the complaint to your liability insurance company immediately. The insurance company has a contractual obligation to defend you and to indemnify you. (This means pay any judgment that might be entered against you up to the limit of your liability coverage).

The complaint may state "permanent injury" but the the extent of the claimant's injury will be determined...

Q: My dog was hit by a car New Years Eve. He just brought the bill to us for damage to his bumper. Are we liable?

1 Answer | Asked in Animal / Dog Law and Car Accidents for Indiana on
Answered on Feb 7, 2019
Peter N. Munsing's answer
See if your homeowners will pay as a casualty loss. Depending on your deductible that may not be worth it. Did you report it to the police? Many policies require it.

If the other guy sues you for the bumper it's not your fault if the dogs were set loose.

Q: an uninsured motorist hit my parked 2002 toyota sequoia. it is not driveable. how do i get a dollar amount to take them

1 Answer | Asked in Car Accidents for Indiana on
Answered on Jan 11, 2019
Charles Candiano's answer
Have your insurance repair the vehicle. If you did not have insurance and you believe the at-fault party will pay for the repairs, pay a certified estimator to come out and estimate the damage. Tell the estimator that the cost of repair CANNOT exceed the fair market value of the car. In your case, that is probably around $2,000.

Q: suspended license and a recent new case due to the suspended being pulled over while driving, looking for help

1 Answer | Asked in Traffic Tickets, Criminal Law and Car Accidents for Indiana on
Answered on Jan 8, 2019
Ary Avnet's answer
I'd be glad to advise him but i'd recommend you hire an attorney from your county or immediate surrounding county. You did not state in which county this occurred.

Q: I was involved in a auto accident at no fault. My Insurance is lying and putting off settling the claim.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Indiana on
Answered on Nov 12, 2018
Charles Candiano's answer
If Geico says you were not at fault and you go through your policy, your car will be replaced, immediately, less your deductible which Geico must return to you on your facts. What's the problem?

Q: Can I sue the state for renewing the license of an older person who hit me - they shouldn't have been driving.

2 Answers | Asked in Personal Injury, Car Accidents and Gov & Administrative Law for Indiana on
Answered on Oct 18, 2018
Chase T Wilson's answer
You can sue them, but the chances of that suit being successful are quite low given the immunity granted to government entities in Indiana. You'll also have the Indiana Tort Claims Notice to deal with. The best route is to pursue an insurance claim and possible a lawsuit against the at-fault driver.

Q: Why weren't there a crash investor called after my crash on September 8, 2018.. only a police officer arrived.

1 Answer | Asked in Personal Injury, Car Accidents and Insurance Defense for Indiana on
Answered on Sep 17, 2018
Charles Candiano's answer
Indiana only requires that a formal accident reconstruction be prepared after fatal accidents. If someone died or suffered obviously life-threatening injuries, they would have taken the necessary measurements and photographs of the vehicles, gouge marks, and any other memorialization of the accident, in addition to what was reported by surviving drivers and bystanders.

Q: What is the consequence if the defendant does not show up for court in a civil damage suit from an auto accident in IN?

1 Answer | Asked in Car Accidents for Indiana on
Answered on Aug 13, 2018
Robert D. Kreisman's answer
The problem with an insured defendant not cooperating by refusing to attend the trial is insurance coverage. That would be risky. On the hand, the insurance company lawyer who is defending you, depending on the facts of the case, could also take the stance that admitting liability, but not the nature and extent of the alleged injury and damages may be a solid position to take in defense of the case. If an admission of liability were the course taken, then you as defendant would not be...

Q: Can I be sued for being uninsured I had an accident on private property I hit something & a vehicle also uninsured?

1 Answer | Asked in Car Accidents and Real Estate Law for Indiana on
Answered on Aug 10, 2018
Ary Avnet's answer
You can be sued for negligence for the accidents you caused in the truck. If sued, you could assert as a defense that the throttle was stuck open causing the accident but ultimately it would be up to a judge or jury to decide if you were negligent. If there was no valid insurance policy on the vehicle you were driving, and you did not carry any liability insurance at the time, then you would be personally responsible for any judgment found against you.

The eviction is a separate...

Q: I. Was seriously hurt driving a company van and the air bags never went off and i fractured 7disck and he never paid

2 Answers | Asked in Employment Law, Personal Injury and Car Accidents for Indiana on
Answered on Jun 28, 2018
Peter N. Munsing's answer
Contact a member of the Indiana Assn for Justice that handles comp claims--they give free consults. As to the air bags, depending on how the crash happened the air bags would not have gone off as they only go in certain circumstances.

If the wreck was someone elses fault you have a claim against them.

Q: I was rear-ended, the other party does not have insurance and is suing me claiming it is my fault. I need advise

2 Answers | Asked in Car Accidents for Indiana on
Answered on Apr 25, 2018
Alexander Florian Steciuch's answer
You need to consult with a civil litigation attorney ASAP. No one will be able to give you the advice you need here without a full review of your case and all the relevant facts. You can use this website to find an attorney in your area who can help you.

Q: Will my new traffic citation affect my ongoing court case?

1 Answer | Asked in Traffic Tickets, Criminal Law, Car Accidents and Insurance Defense for Indiana on
Answered on Mar 26, 2018
Charles Candiano's answer
It has nothing to do with WHETHER you were liable in the "hit and run" but a subsequent Reckless Driving will make it a heck of a lot more difficult for your attorney to negotiate a plea, in BOTH actions. Do NOT plead guilty to the speed/reckless charge. Hand it over to your attorney and SLOW DOWN.

Q: Parked in nearly empty lot. Back out with no car in sight. About to go forward and I'm hit. I'm at fault?

1 Answer | Asked in Car Accidents for Indiana on
Answered on Mar 12, 2018
Charles Candiano's answer
Your facts are not as clear as they might be. If you are saying that you misjudged the speed of a car which had the right-of-way and you got hit, the accident is clearly your fault, irrespective which gear you were in.

Q: My husband and I wrecked our motorcycle a few years ago and we we're unaware that our insurance had lapsed

1 Answer | Asked in Car Accidents and Insurance Defense for Indiana on
Answered on Feb 28, 2018
Charles Candiano's answer
The insurer is required, by statute, to let you know, in writing, that your insurance has lapsed. Most insurance companies make the advisement BEFORE the policy expires/lapses. If you were paying, monthly, there would be no opportunity to write to you before the policy lapsed or they would be sending you a letter every month. If you were paying monthly and there were insufficient funds or you simply forgot to pay, you will be understood to have Notice of the policy expiring.

Do you...

Q: my wife rear ended another vehicle who’s driver did not have insurance. Is my wife still at fault?

2 Answers | Asked in Car Accidents for Indiana on
Answered on Feb 9, 2018
Charles Candiano's answer
Fault has nothing, whatever, to do with insurance. If your wife is at fault, she is at fault.

Q: What happens in a 1 man car crash with injury’s, no arrest/ charge and on probation then notified of Warrants 2 yrs late

1 Answer | Asked in Car Accidents and Criminal Law for Indiana on
Answered on Jan 29, 2018
Charles Candiano's answer
So, his defense is that WHILE HE WAS ON PROBATION, he got so drunk and so high that he crashed his car and injured one or more other people? This must obviously be discussed with an experienced local defense attorney ASAP.

At the time, OWI Resulting in Serious Bodily Injury was a Felony, not a Misdemeanor.

Q: I'm in Indiana, my father passed away. He was arrested & scheduled for court. Why do they not just drop his case?

2 Answers | Asked in Criminal Law, Car Accidents and Elder Law for Indiana on
Answered on Jan 16, 2018
Peter N. Munsing's answer
Send them a copy of the death certificate. Leave it be--they can't arrest the dead.

Q: I was in a car accident in 2015 & I obtained a lawyer right after because the crash was the other drivers fault.

1 Answer | Asked in Car Accidents for Indiana on
Answered on Jan 12, 2018
Peter N. Munsing's answer
You want to be clear why they dismissed the other man. Generally it's left for the jury to decide but if the Court let them out the Court would have written a memo on it. However if you have uninsured motorist benefits it may not make a difference. You should sit down with your attorney to get an understanding of what is going on. If each driver in a chain collision can't agree there are problems and it isn't unusual for the case to take time. Sit down with your attorney then get a second...

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