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Indiana Car Accidents Questions & Answers

3 Answers | Asked in Car Accidents and Personal Injury for Indiana on

Q: If a cyclist on a sidewalk crosses in front of my car as I begin to accelerate from a complete stop and [Cont.]

there is a collision, who is at fault?

Peter N. Munsing answered on Jul 29, 2019

Depends on who is where, but you need to report it to your car insurance if you were the car driver, if you were the cyclist contact a ember of the Indiana Assn for Justice in your county.

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1 Answer | Asked in Insurance Bad Faith, Insurance Defense, Products Liability and Car Accidents for Indiana on

Q: My insurance company wants to total my car, i was not at fault. Can i ignore this and pursue at fault party insurance?

I was at work when our job security ran into my parked vehical, it all on surveillance. We went through the usual insurance swap, police report, inform my insurance of the accident. I was unable to reach anyone in the at fault party insurance, so my insurance offered to reach out to get info and... Read more »

Peter N. Munsing answered on Jul 11, 2019

Either insurance can pay for the cost of fixing the car or the total loss value, it's their option. If you think it can be fixed you can buy it back for the salvage value, but then youget a "junk title" --and if you find out because of alignment or other problems it's not really a fixer, it's on... Read more »

2 Answers | Asked in Car Accidents, Personal Injury, Traffic Tickets and Domestic Violence for Indiana on

Q: What can I do if someone throws something at my moving vehicle on purpose? Its threating.

John Paul Young answered on Jul 2, 2019

Obtain their license plate number, call police and report it. . Do not try and confront the persons throwing the items at your car.

If it really is intentional the insurance company for the person who threw the item will not pay for the damage. You will likely find that the thrower does...
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1 Answer | Asked in Car Accidents for Indiana on

Q: Hi, I am having an issue with an car insurance company about payment that was to go the state to get the title

my truck was hit by their client, she left the scene and was arrested for DUI, My Truck was totaled, now a month later I'm still trying to get paid. They know part of this settlement will go to the state to back back taxes that I owe to get the title from the state and they say they state needs to... Read more »

Peter N. Munsing answered on Jun 12, 2019

Their obligation is to pay in exchange for the title. Your title having a charge from the state is your problem--not theirs. I question why the state can do that but you can take that up with the Indiana Civil Liberties Union. I suggest you have them give you a check for the part of the settlement... Read more »

2 Answers | Asked in Car Accidents for Indiana on

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?

My mom does have full coverage

Peter N. Munsing answered on Apr 6, 2019

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.

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2 Answers | Asked in Criminal Law and Car Accidents for Indiana on

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

I accidentally hit a parked cars bumper yesterday, there wasnt damage to my or their car, so I left. When I got home I googled it, evidently I can get in huge trouble for not leaving info anyway. I dont want to be arrested.

Paul Stanko answered on Mar 11, 2019

Leaving the scene of an accident causing property damage is a violation. If there truly was no damage, then there is no violation.

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2 Answers | Asked in Car Accidents and Personal Injury for Indiana on

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?

I live in Indiana. One day on the way to work I got onto the interstate. The split by downtown that is 4 lanes(left 2 lanes 65South and right 2 lanes 70W). Rainy day... so me and two other cars in front of me were going 50-60mph(speed limit 50). The very front car was a lady with kids romping... Read more »

John Paul Young answered on Feb 15, 2019

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... Read more »

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1 Answer | Asked in Animal / Dog Law and Car Accidents for Indiana on

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?

Someone let both my neighbors and our dogs out the same night. We discovered they were missing the gate open no later than 10 minutes. Dogs have seldom gotten lose in 10 years. The man who hit our dog never came to us, but another neighbor took him to the emergency vet, and they ran his chip and... Read more »

Peter N. Munsing answered on Feb 7, 2019

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.

1 Answer | Asked in Car Accidents for Indiana on

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

Charles Candiano answered on Jan 11, 2019

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... Read more »

1 Answer | Asked in Traffic Tickets, Criminal Law and Car Accidents for Indiana on

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

when the initial accident happened, the driver was not insured and was arrested. He was released on OR the next day and never managed to get his license reinstated, but paid all other court fees. Now, 4 years later, he has been pulled over driving suspended, but received only a court summons. We... Read more »

Ary Avnet answered on Jan 8, 2019

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.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Indiana on

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

I was entering a intersection as my light turned yellow, going straight, a girl coming from the opposite direction, in the left turning lane, turned right into me. This happened the 20th of October. We both have Geico Insurance, and they have both of us at no fault. They have 2 statements verifying... Read more »

Charles Candiano answered on Nov 12, 2018

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?

2 Answers | Asked in Personal Injury, Car Accidents and Gov & Administrative Law for Indiana on

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

Chase T Wilson answered on Oct 18, 2018

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.

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1 Answer | Asked in Personal Injury, Car Accidents and Insurance Defense for Indiana on

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

Charles Candiano answered on Sep 17, 2018

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... Read more »

1 Answer | Asked in Car Accidents for Indiana on

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?

Suit filed in 2015 from 2013 accident. Plaintiff and lawyer habitually unresponsive to defendant lawyer. Damage suit, no lasting medical issues. Plaintiff asked $16000, $5000 offered, no response. Defendant lawyer asked for dismissal. Judge passed on mediation due to expense, set Oct. trial.... Read more »

Robert D. Kreisman answered on Aug 13, 2018

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... Read more »

1 Answer | Asked in Car Accidents and Real Estate Law for Indiana on

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

I put my truck in reverse the throttle stuck open I was unable to stop. I hit a carport style garage in a trailer park; I also hit the truck inside both uninsured. Along with their neighbor's vehicle that was insured. I was driving my boyfriend's vehicle , also uninsured. We all live in a trailer... Read more »

Ary Avnet answered on Aug 10, 2018

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... Read more »

2 Answers | Asked in Employment Law, Personal Injury and Car Accidents for Indiana on

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

Yeah I was never compensated for my medical bills and I feel that his insurance should have paid

Peter N. Munsing answered on Jun 28, 2018

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...
Read more »

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2 Answers | Asked in Car Accidents for Indiana on

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

Alexander Florian Steciuch answered on Apr 25, 2018

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.

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1 Answer | Asked in Traffic Tickets, Criminal Law, Car Accidents and Insurance Defense for Indiana on

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

I received a citation for going 90 in a 65 on the interstate. A month prior I was charged with a hit and run that i am disputing in court, my final court date for the hit and run is april 13th. The court date for the citation is in may. Is the citation in any way going to affect the outcome or... Read more »

Charles Candiano answered on Mar 26, 2018

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... Read more »

1 Answer | Asked in Car Accidents for Indiana on

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?

I was one of three cars. The other one was a mile away. One was driving. He was in another lane. I back out. About to put my car in drive and I get hit. Damage to my rear driver side bumper and his front passenger side bumper. Everyone is ok. But because my car was in a backing motion, I was deemed... Read more »

Charles Candiano answered on Mar 12, 2018

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.

1 Answer | Asked in Car Accidents and Insurance Defense for Indiana on

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

Charles Candiano answered on Feb 28, 2018

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... Read more »

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