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Indiana Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Indiana on
Q: My daughter hit someone, left a note, they haven't gotten an estimate yet. How long until I'm not responsible

I asked repeatedly to get an estimate so I can pay out of pocket

Charles Candiano
Charles Candiano
answered on May 16, 2021

You admit that your daughter was at fault so you are never not responsible. The other driver must file suit within two years to recover if the accident happened in Indiana.

1 Answer | Asked in Car Accidents for Indiana on
Q: Tow capability of deisel trucks on the road

I have friends that have 2500 deisel pickup trucks that they pull the 5th wheel campers with. My question is regarding their weight ratings and legal ramifications in the event of an accident. For an example my friends truck has a payload capacity of 2200 pounds it can have on the truck but can... View More

Charles Candiano
Charles Candiano
answered on Apr 14, 2021

If your friends knowingly exceed the manufacturer's recommendations and that condition contributes to an accident, your friend could have significant liability AND he would be giving HIS insurance company a great argument that they are not liable because of his affirmative decision to exceed... View More

2 Answers | Asked in Bankruptcy and Car Accidents for Indiana on
Q: First I am a disabled man that was just in an accident w/o insurance and at fault on 2/19/21(3 days before my birthday)

I'm also htv from dui's. This is the fourth time caught w/o insurance. I've already called down state to see what with them is going to happen with my license. 1 year suspension, 3 years Sr 22 insurance, and a $1000 reinstatement fee unless the judge does something else. I'm... View More

Timothy Denison
Timothy Denison
answered on Mar 6, 2021

What is your question?

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2 Answers | Asked in Traffic Tickets, Appeals / Appellate Law and Car Accidents for Indiana on
Q: is hitting a dog reason for license suspension in Indiana?, I found out I was suspended for an accident i wasn't in

was suspended for an accident involving a dog I wasn't involved in or even knew of...i got 8 kids, i cant afford this , what do i do now pro se?

Charles Candiano
Charles Candiano
answered on Feb 7, 2021

In law, a dog is a chattel (an animal that constitutes property). If you leave the scene of an accident involving property damage and fail to contact either the owner of the property or law enforcement in Indiana, you commit Class B Misdemeanor which is punishable by a fine of $1,000 and/or... View More

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1 Answer | Asked in Car Accidents for Indiana on
Q: If someone was involved in a hit and run and person who owned the vehicle told him it was you driving and you were not

There is a witness to who was actually driving the car. I'm being charged with out ever getting anything from the police or talking to the police. And both insurance company are holding me responsible through hersay

Charles Candiano
Charles Candiano
answered on Jan 24, 2021

If there is an eyewitness who can exonerate you, plead "Not Guilty" in Traffic Court and subpoena the eyewitness. The judgment of the Court will satisfy the insurance company. You say that you "[Never got] anything from the police." Is that because you live at an address that... View More

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... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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,... View 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... View 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... View 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
PREMIUM
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... View 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... View More

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