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Indiana Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Indiana on
Q: I have a question about right of way between a pedestrian and a vehicle in Indiana.

If a vehicle is traveling down an alley to a road and must cross a sidewalk to get there who would have the right of way between the vehicle and a pedestrian walking down the sidewalk? Note the vehicle came to the intersection where the sidewalk is located before the pedestrian crossed into the... Read more »

Charles Candiano
Charles Candiano answered on Aug 27, 2020

In such a situation, the pedestrian ALWAYS has the right-of-way. If a pedestrian walks into the side of your car, that's on the pedestrian.

1 Answer | Asked in Personal Injury and Car Accidents for Indiana on
Q: If a car runs a stop sign causing a speeding moped to hit the car who is at fault? Can a video give probable for a charg

Can a police officer be at fault for giving a speeding charge and not a disregarding a stop sign? What if that same officer has been harassing the one charged?

Charles Candiano
Charles Candiano answered on Aug 27, 2020

Your question is not stated clearly enough to give you a definitive answer. If you are saying that a moped was proceeding straight, through an intersection for which it had the right-of-way and the car entered the intersection from the other road, failing to stop at the stop sign, the vehicle that... Read more »

1 Answer | Asked in Products Liability and Car Accidents for Indiana on
Q: Grandson involved in car accident other driver no insurance. His 1969 VW Squareback totaled Can he sue for car damages?

Lady pulled out in front of him.grandson and great grand kids OK.She had no insurance. His insurance Progressive is offering him $4500 for his classic car that's worth way more than that. They gave him $2000 for lost work and injuries and $750 for each child. they are low balling him on car.... Read more »

Charles Candiano
Charles Candiano answered on Jun 18, 2020

You say that he processed an uninsured motorist claim (called a UM claim) with his own carrier so he's done. He did that INSTEAD of suing the at-fault driver. When you pursue a UM claim, you give YOUR insurance the right to sue in your stead and they will do so. If you do not agree with... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Indiana on
Q: Can speed bumps be installed on a rural county road to slow traffic down if pulling out from a driveway?

What other options are available if speed bumps are illegal?

Charles Candiano
Charles Candiano answered on Jun 1, 2020

YOU CANNOT install ANY type of traffic regulation on ANY public road. Contact INDOT for more information.

1 Answer | Asked in Car Accidents for Indiana on
Q: I was pulled over and arrested in illinois. They towed my car and I went to jail. There is a article 36 hold on it.

When will I know if they are seizing it

Charles Candiano
Charles Candiano answered on May 7, 2020

The words may be getting in the way. The police already HAVE seized your car pursuant to Article 36 which is a statute in the Illinois Criminal Code, found at 720 ILCS 5/36-1. The State will now begin the process of asset forfeiture. If you make a demand for trial, the State must be able to... Read more »

1 Answer | Asked in DUI / DWI, Traffic Tickets and Car Accidents for Indiana on
Q: What is the rules on driving a moped in Indiana?

Like I head people who lost there licence can drive mopeds still I tryed looking it up online but im getting mixed results saying you need a licence or a moped license or even just an ID. I currently do not have my licence do to anxiety driving with someone so after i heard about this i thaught... Read more »

Charles Candiano
Charles Candiano answered on May 4, 2020

Your local license branch can walk you through the process. The following is from AAA's digest or motoring laws and seems accurate:

Owners of mopeds or scooters with engines smaller than 50 cubic centimeters must apply for a registration. Such mopeds or scooters will receive license...
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1 Answer | Asked in Traffic Tickets and Car Accidents for Indiana on
Q: Do I have to come back to florida from Indiana to pay my tickets? The officer told me no there are ticket clinics to pay

Got in an accident in florida on spring break, got a ticket for leaving scene and careless driving. The officer told me there are ticket clinics I won’t have to come back to florida to pay! My ticket has a court date on it. What do I do?

Paul Stanko
Paul Stanko answered on Apr 19, 2020

There should be contact information for the court clerk on the ticket. Although clerks cannot give legal advice, they can inform you of procedures. Since this is a Florida issue, direct future inquiries towards Florida attorneys.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Indiana on
Q: Car insurance didn't approve accident.

I have insurance on my vehicle as well as my husband and daughter in laws. Were all covered for all cars. My dil got into an accident 2-19. Her car is in my son's name. Hes in the navy and will be gone for 8 years, so we don't have him on the insurance. Now they're refusing to cover... Read more »

Charles Candiano
Charles Candiano answered on Apr 16, 2020

With the exception that you must purchase insurance in a minimum amount, the terms of your auto insurance are governed by your policy, NOT by law. So it is not possible to tell you whether the exclusion is "legal or illegal." An insurance policy is a contract so it can specify whatever... Read more »

3 Answers | Asked in Car Accidents, Employment Law and Personal Injury for Indiana on
Q: indiana subrogation lien from WC, 3rd party fault ( car accident) what is included in the lien? pay & medical?

I am writing a demand letter & want to ask for a lower lien amount

Charles Candiano
Charles Candiano answered on Apr 5, 2020

if you were trying to handle this on your own, you are in trouble. these two, entirely separate and distinct actions: 1.) you have a Worker's Compensation which is a Board member of the Indiana Workers' Compensation Board; and 2.) you have a traditional lawsuit in the Circuit Court for... Read more »

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1 Answer | Asked in Car Accidents for Indiana on
Q: when i get pulled over will i get in trouble if i dont have it in the car can i call parent to prove insurance?
Charles Candiano
Charles Candiano answered on Feb 26, 2020

You are required to keep the information in the car. In a worst-case scenario, you get a citation which will be dismissed if you take a letter to Court FROM YOUR INSURANCE COMPANY, that confirms that the vehicle you were driving WAS COVERED on the date you were stopped. That said, the officer was... Read more »

1 Answer | Asked in Car Accidents for Indiana on
Q: In-network Dr balance billing me. I’m receiving ins settlement from other driver in accident. Is this legal in Indiana?

For 2 years Dr billed my insurance. I paid co-pays + 20% of my portion. Insurance paid contractual amount the entire 2 years. Asked billing what I owed to be paid thru settlement - they gave me a total of $265 owed. The same total was reflected on my online portal for a balance owed. When it was... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 22, 2020

If you are settling you need to review this with your attorney. If you don't have an attorney, review it with a member of the Indiana Assn for Justice--they give free consultations. Generally, they can be held to the billing you relied on. Also, assuming insurance paid them, it's not... Read more »

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Indiana on
Q: Need advice about getting rear ended in indiana. Not enough characters here to explain every detail. Thanks

My friend was rear ended in indiana in 2017. The distracted lady apologized because her kids distracted her causing the accident and the lady's insurance paid my friends medical and car damage. When the police questioned the at fault lady, she claimed my friend was stopped at a green light,... Read more »

Timothy Rowe
Timothy Rowe answered on Feb 16, 2020

She needs to get a letter from her insurance company in writing showing she is not fault. She needs to get a copy to the BMV so her record is corrected. She also needs to keep the letter and also a copy of the police report to show she is not at fault for any new insurance company that gives her a... Read more »

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1 Answer | Asked in Car Accidents for Indiana on
Q: I need a lawyer that does diminished value on a vehicle
Tim Akpinar
Tim Akpinar answered on Jan 22, 2020

You might be better off starting to contact Indiana lawyers on your own, being that your post remains open for a week. This isn't really a lawyer referral service; it's only a Q & A board. If the vehicle is older, or liability is being contested, it's possible a lawyer may not be... Read more »

1 Answer | Asked in Car Accidents for Indiana on
Q: We got in a very bad accident with a Semi. Semi was at fault . But my license is currently suspend due to insurance.

My license is suspended due to proof of insurance. I recently just got the car switched over to my name and haven’t got insurance yet . But the semi was at fault

Todd C. Barsumian
Todd C. Barsumian answered on Jan 16, 2020

You do not say whether or not you were injured or whether there was only property damage. However, your situation as an uninsured driver would not necessarily prohibit you from recovering damages, although it may prohibit you from recovering certain noneconomic damages. Indiana has what they call... Read more »

1 Answer | Asked in Car Accidents for Indiana on
Q: our car was hit outside our home. other party fled on foot, how do i proceed
Charles Candiano
Charles Candiano answered on Dec 27, 2019

Report the accident to the police, immediately, and forward the report to your insurance. If you didn't have comprehensive coverage, you can write to Indianapolis with the license plate and VIN (from police report) to enquire as to whether the car was covered by any policy of insurance at the... Read more »

1 Answer | Asked in Car Accidents for Indiana on
Q: our car was hit outside our home?
Charles Candiano
Charles Candiano answered on Dec 27, 2019

You need to ask a question.

2 Answers | Asked in Car Accidents for Indiana on
Q: Hello i was i was collateral damage in a car accident.

There was a wreck that had happened in pitch blackness on a major highway less than a minute before i had arrived. There was no other cars in the area. I ran over peices of there car and had damage to the underneith side of there car. My insurance company and there insurance company has me going... Read more »

Charles Candiano
Charles Candiano answered on Nov 26, 2019

Whether you have towing coverage or not, get the car out of impound, ASAP. If car rental was important, why didn't you have it on your insurance? The easiest thing to do is to pay your deductible and repair the car through your own insurance. When your insurance resolves the claim, they... Read more »

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1 Answer | Asked in Car Accidents for Indiana on
Q: what kind of attorney do I contact in Indiana to sue an uninsured driver? My insurance is not involved

I was hit yesterday by an uninsured motorist who was driving his girlfriends car, which was also uninsured. I do have full coverage, however the day that I got hit, I had literally just reinstated my insurance like not even an hour before (I was in another state for 5 months and didn’t need it).... Read more »

Charles Candiano
Charles Candiano answered on Oct 12, 2019

Assuming the accident was NOT your fault, you do NOT need an attorney, UNLESS YOU WERE INJURED. If you were injured, contact a personal injury attorney. They will file a UM claim against YOUR carrier. If you reinstated your insurance at 11:59 and then had an accident at noon, you are still... Read more »

1 Answer | Asked in Car Accidents for Indiana on
Q: How do I file a 3rd party insurance claim?.

I I had a car accident with other driver at fault, but I had lapse of insurance. I live in Indiana, which is an at fault state, so I am trying to be compensated for damages to my vehicle.

Charles Candiano
Charles Candiano answered on Sep 3, 2019

I assume you had an accident with a TN resident, in TN and they were at-fault. If that is true, you need to hire a personal injury attorney in TN to file suit. If it was property damage only, you can probably file in small claims. You sue the person who hit you. All necessary information should... Read more »

3 Answers | Asked in Car Accidents for Indiana on
Q: I was pinned against my car while stooped down putting air in the tire. The other car backed up to me pinning me . Then

Then he hit the gas and crushed me against my car. Very sore but no broken bones, no hospital. How much should I expect to get from insurance co.

Charles Candiano
Charles Candiano answered on Aug 30, 2019

Unless there is a police report, you should expect $0.00. With a police report and pictures, but no medical, you would be lucky to get a few hundred dollars. The insurance company has NO reason to pay you if there is no legal memorialization of the incident, no diagnosis, and no way to correlate... Read more »

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