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Indiana Car Accidents Questions & Answers

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

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

The person is on felony probation now after being released from prison only due to the sentence being amended , (this is a 2012 conviction.)

In Jan. Of 2016 he hit black ice and crashed his car into a stone bridge wall crushing the Right side of his body. He had to be life lined to St... Read more »

Charles Candiano answered on Jan 29, 2018

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

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

He was arrested for leaving the scene of an accident. My husband bailed him out. If they don't drop the case, do I take his ashes so he's present? I mean what do they logically expect from us now? His 2nd court date was this morning and they're "undecided" at husband's last contact.

Peter N. Munsing answered on Jan 16, 2018

Send them a copy of the death certificate. Leave it be--they can't arrest the dead.

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1 Answer | Asked in Car Accidents for Indiana on

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

My vehicle ended up on the opposite side of the street. I was driving down a one way when the other driver came out from the side from a neighborhood and flew through the stop sign making my vehicle spin and end up on a stop sign and pole on the other side of the street i was unconscious for a... Read more »

Peter N. Munsing answered on Jan 12, 2018

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... Read more »

1 Answer | Asked in Car Accidents for Indiana on

Q: What would be a fair settlement range for a passenger injured in an accident suffering a fractured sternum (see details

Facts on accident. Wife was a passenger in front seat. Another vehicle ran a red light. Other driver faulted. Airbag deployment. My wife suffered a fractured sternum and broken rib. About 5 month recovery. ER visit, but not hospitalized. Lost wages of $500 and roughly $8000 in medical bills. One of... Read more »

Peter N. Munsing answered on Dec 27, 2017

Why not contact a member of the Indiana Justice Assn--they give free consultations. The difficult is much can depend on your medical treatment, need for future treatment, and the language used to describe your injuries and symptoms. Your medical means what--did they pay the subrogation claim your... Read more »

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

Q: What do I do when I was a passenger in a single vehicle car accident and the driver didn't have insurance?

The driver is now in prison due to a parole violation (none of us knew we thought he just moved away and came back). My medical bills are coming in so I don't know what to do.

Peter N. Munsing answered on Dec 19, 2017

Contact a member of the Indiana Assn for Justice for the county where the wreck happened to see what options you have for uninsured motorist or other party liablity--they give free consults.

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

Q: if you obtain a police report are you required by law to file it with your insurance?

Had a small fender bender and when I asked for a police report officers said I had to file a claim with my insurance or have my lisence revoked. is this true even if I was the person who got rear ended?

Peter N. Munsing answered on Dec 19, 2017

No, he's --or you--have mixed it up. You file with the other insurance if it's a rear ender. However if you were hurt, call a member of the Texas Trial Lawyers Assn--they give free consults.

1 Answer | Asked in Car Accidents for Indiana on

Q: I was hit by an uninsured driver, my car was totaled out, other drivers fault. settlement from my ins, Can I still sue?

I received a settlement from my Insurance, but I am still out because I just paid the car off and didn't get enough to purchase a car out right. Now I have another monthly payment. Other driver gave false insurance info to police at scene. Can I sue for the money I now have to pay again for a car?

Peter N. Munsing answered on Nov 30, 2017

Not if your insurance paid for the total loss value of the vehicle. Even in situations with replacement loss you don't get two settlements. Unless your state recognizes replacement value--which few statesw allow--No. You can ask to have the other driver & owner's licenses suspended but that's... Read more »

1 Answer | Asked in Car Accidents for Indiana on

Q: I'm a teenage driver and got into an accident with a middle-aged woman. Who is at fault? What will most likely happen?

I ended up driving behind a truck that had a horse trailer attached to the back. We were on a 2 lane road and with no dashed line. The left tail light lit up and the other light did not. I thought that she had her turn signal on. The driver then proceeded to drive into the left lane and I slowed. I... Read more »

Charles Candiano answered on Nov 28, 2017

Your ages have NOTHING to do with anything. The taillight has little to do with liability. If I understand correctly, you were both driving on a 4-lane road (2 lanes in each direction - you state "that is why she got into the left lane"), in the outside lane.

You are probably BOTH...
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1 Answer | Asked in Car Accidents and Personal Injury for Indiana on

Q: My wife and I we in an accident a year and a half ago the guy r

Ran the light totaling our car and braking my wife's hands and he had no license and was srrestes ..shoildnt this be opn shut cse

Chase T Wilson answered on Nov 20, 2017

This should be a simple case, but with the injuries involved you'll want to contact a local personal injury lawyer. Please do so soon as the statute of limitations for these types of cases is 2 years. After that time has passed you won't be able to pursue the claim. If you have any further... Read more »

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

Q: Is the owner of an insured vehicle involved in an accident in Indiana, which he loaned to a friend, liable for damages

I was driving in Indiana. I am an out-of-state resident. There was a red light, and the car in front of me (Car 1) stopped. I stopped (Car 2). Moments later a third driver (Car 3) rear-ended me, and my car was pushed into the car in front. All three cars are damaged (mine in rear and front - about... Read more »

Charles Candiano answered on Nov 14, 2017

The simple answer is YES, generally through his or her insurance.

2 Answers | Asked in Car Accidents for Indiana on

Q: I HAVE UNINSURED, UNDERINSURED AND MEDICAL ON MY INS. MY 16 YR OLD SHOT CAUSING ACCIDENT. WILL MEDICAL BE COVERED?

MY SON WAS SHOT FROM ANOTHER VEHICLE BEHIND HIM CAUSING HIM TO WRECK INTO A SCHOOL. IS MY UNINSURED, UNDERINSURED AND MEDICAL SUPPOSED TO PAY

Charles Candiano answered on Nov 14, 2017

Provided that your son was a "licensed driver," it should be covered to the policy limits. This is an unusual claim.

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1 Answer | Asked in Car Accidents for Indiana on

Q: We were in an accident. The other driver was at fault and ticketed. Neither party had insurance. Can I sue?

He refuses to pay because neither had insurance, but he was the cause of the accident and the officer wrote him a ticket for causing the wreck. Can I take him to small claims court? The wreck caused $6,000+ in damage to my car. Am I stuck with this bill because I also didn't have insurance?

Charles Candiano answered on Nov 13, 2017

You absolutely CAN sue them. As long as you advised the Indiana BMV, even without suit, their license will be suspended until they enter into a repayment agreement.

1 Answer | Asked in Car Accidents and DUI / DWI for Indiana on

Q: Husband got into drunk driving accident and totaled the car. He got a citation and no registration, or Insurance Plus

Plus expired license. Would he have went to jail and what will his consequences be

Charles Candiano answered on Nov 5, 2017

STOP posting admissions online. Consult a local traffic attorney. You are both responsible for all property damage and personal injury that resulted.

1 Answer | Asked in Car Accidents for Indiana on

Q: My friend with insurace backed into my noninsured car in his driveway.

My car was parked with no one inside. My car was damaged. Will his insurace cover the damages to my car with me not having insurace since my car was parked and not moving?

Charles Candiano answered on Oct 31, 2017

Your car being parked has nothing to do with it. Your friend is responsible for any damage that occurred when he hit your car, up to the fair market value of the car.

1 Answer | Asked in Car Accidents for Indiana on

Q: I was recently in an auto accident as the only passenger in the vehicle and the driver was intoxicated, need advice

Hello, I was recently in a very bad accident, the driver was intoxicated and at fault, I was the only passenger in the vehicle and we did not hit any other vehicles, I suffered a c4 fracture and must wear a neck brace for a month and be out of work for that month, he only had liability insurance... Read more »

Charles Candiano answered on Oct 31, 2017

Unless you have insurance, in excess of 25,000, you have no recourse, irrespective of your injuries. If you do have auto insurance with higher limits, any personal injury attorney can assist you.

1 Answer | Asked in Car Accidents for Indiana on

Q: Being sued in small claims court for 5k, can't afford to pay what do I do?

I'm being sued bc I got into an accident and I had no insurance at the time. They want 5k for there totalled car. I can't afford to pay that and have no money to give. What do I do?

Charles Candiano answered on Oct 25, 2017

If you can't afford insurance, you can't afford to drive.

Your driver's license will be permanently suspended unless you enter into a repayment agreement. Moreover, if the other driver had insurance, their insurance paid the claim and they will secure a judgment against you and possibly...
Read more »

1 Answer | Asked in Car Accidents, Personal Injury and Small Claims for Indiana on

Q: Have PI lawsuit against at fault person, auto accident.Can I file small claims for what insurance not covering?

Lost my job and insurance after 12 mos FMLA and now on SSDI. LTD company now wanting money back I was paid after I received SSD award back pay of $5000. I need the SSD back pay to cover COBRA costs. Can I file small claims against individual to recoup more of my lost earnings above his... Read more »

Chase T Wilson answered on Oct 24, 2017

Likely no, the insurance company will require you to sign a release before giving you the settlement proceeds. That release will bar you from going after the insurance company or the individual in the future.

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

Q: In a hearing for an EPO, can I inform the judge that someone that I don't know has also filed an EPO against the person?

Both applications are for stalking and harassment.

Charles Candiano answered on Oct 15, 2017

This has nothing to do with car accidents. If it has been filed, the Court should know about it. The fact that someone else filed for similar relief is irrelevant to your particular situation.

1 Answer | Asked in Car Accidents for Indiana on

Q: Can I get money back from a accident?

I was in a car accident on June 12, 2017. The other driver (who was at fault) did not have a license, did not have insurance nor was the car he was driving covered under a valid policy. In the days following the accident I spoke with someone from his 'insurance' company and was told that I would... Read more »

Charles Candiano answered on Oct 12, 2017

Whether it is a hardship for you to pay has NOTHING to do with anything. This should have been put through your own insurance from the beginning, given the uncertainty of the defendant's coverage. You would have had your car back in a week.

Demand that the defendant's insurance company...
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1 Answer | Asked in Car Accidents for Indiana on

Q: I bumped a car almost 2 years ago they accepted the $500 from the insurance company but now they want to sue can they?

Charles Candiano answered on Oct 11, 2017

If the payment was made by the insurance company, NO. ALL insurance companies require that a Release is executed BEFORE they pay any money. If you are sued, give the documents to your insurance company immediately. They will have the matter dismissed.

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