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Indiana Car Accidents Questions & Answers
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... View More

Charles Candiano
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
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...
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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... View More

Chase T Wilson
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
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... View More

Charles Candiano
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...
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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
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.

1 Answer | Asked in Car Accidents for Indiana on
Q: fault driver's insurance refuse to pay

There was a car accident and the other party agree is her fault and provided her insurance. Her insurance told me to get an estimate. When the estimate came back the insurance thinks is too high. The insurance and wanted to let me get another estimate that I cannot choose or call. Everything need... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 22, 2017

Well, first, do you agree with the check they want to give you? Second, if you were hurt, you may have an injury claim, and need to speak with a member of the Illinois Justice Assn--they give free consults.

1 Answer | Asked in Car Accidents for Indiana on
Q: someone hit my car

the person hit my car but left her insurance information. I called her insurance and I did an estimate based on her insurance instructions. Estimate came back with high repairing cost, then her insurance refuse to pay. What should I do??

Charles Candiano
Charles Candiano
answered on Sep 20, 2017

If you have property damage coverage, contact your insurance company and provide them with a copy of the note left by the other driver. If you do not have property damage coverage, you may have to file a Small Claims action.

1 Answer | Asked in Car Accidents, Civil Litigation, Contracts and Landlord - Tenant for Indiana on
Q: If a dumpater fire caught my car on fire rendering it a total loss do I have grounds to break my lease without fees?

The dumpster was housed in a wooden structure and my car was parked in a designated parking spot next to the structure.

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2017

You have a right to be paid the damage to your car. Your Apartment is habitable so why could you break your lease? Take a look at it--I'll bet under conditions that allow you to leave it's conditions making the apartment uninhapbitable, not a fire adjacent to your parking place.

1 Answer | Asked in Car Accidents and Traffic Tickets for Indiana on
Q: At-fault accident. Damage to others exceeded my policy's limits. Can license be suspended for being under-insured?

No citations or arrest from accident. Just that I'm being asked to pay the deficiency.

Charles Candiano
Charles Candiano
answered on Aug 24, 2017

Your insurance will NOT pay anything without limiting your liability to the policy limits. You have no legal obligation to pay more and you CANNOT be sued.

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Small Claims for Indiana on
Q: Towing company charging me to get my own property

I was in an accident involving only myself. My vehicle was then towed. I need to get some of my personal belongings out of the vehicle but the towing company wants to charge me to get my things. Can they do this? I have all the paperwork and the keys to the car.

Charles Candiano
Charles Candiano
answered on Jun 22, 2017

If your car was towed because it was not driveable, the towing company had a right to tow it and an obligation to store it, probably under police order. If you do not have towing on your car insurance or you do not have car insurance, you are responsible for the towing and storage fees. The... View More

3 Answers | Asked in Personal Injury and Car Accidents for Indiana on
Q: What does this mean-Cause Of Action: Diversity-Petition for Removal?
Paul Stanko
Paul Stanko
answered on Apr 16, 2017

It sounds like the defendant is petitioning a state court for removal of a personal injury case to federal district court due to diversity of citizenship (parties are citizens of different states). Consult your attorney as to how to handle this.

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1 Answer | Asked in Personal Injury and Car Accidents for Indiana on
Q: what does diversity-petition for removal mean?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 15, 2017

Removal means that a party is seeking to remove the court case from state court to federal court on the basis of diversity of the parties. Diversity in this case means that the parties are domiciled in different states and the lawsuit meets a certain threshold of possible damages.

1 Answer | Asked in Car Accidents for Indiana on
Q: I had a car accident 4 days ago. I was about to park in a parking lot, then a car backed up from the other side and hit

I had a car accident 4 days ago. I was about to park in a parking lot, then a car backed up from the other side and hit my doors.my car has all the damage. I'm an international student and I didn't know my rights. We exchanged names and phone numbers. I tried to reach him a lot but he... View More

Charles Candiano
Charles Candiano
answered on Apr 3, 2017

On your facts, you were wrong to drive without insurance but you were NOT at fault. The other driver is responsible to repair your vehicle. If your insurance had recently lapsed and you reinstated it the next day, most jurisdictions would let you off with a small fine or no fine, even if a no... View More

1 Answer | Asked in Car Accidents for Indiana on
Q: I was in a auto accident. It was ruled as the other party's fault. My truck was totaled. It costs more than the blue

Value to fix it. Can I recover the difference?

Charles Candiano
Charles Candiano
answered on Apr 3, 2017

No. Fair Market Value (FMV) is the most that anyone is obligated to pay. That is why you should always purchase gap insurance.

1 Answer | Asked in Contracts, Insurance Bad Faith and Car Accidents for Indiana on
Q: If I don't use the money the insurance company gave me to pay my chiropractor bill, what can they do, what could happen?

You

Hi I was in an auto accident in Ohio November 2016; had to receive chiropractic treatment until January. The insurance company just mailed the checks to me 2 weeks ago. We are going through a very tough time, as my fiancé is off work from being hurt at work ( a process currently being... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 29, 2017

Plan on paying the chiro. That's the person you are obligated to. Don't do it again.

3 Answers | Asked in Car Accidents and Criminal Law for Indiana on
Q: Can i charge a adult for letting my minor son drive a car when that person knew he didnt have anything?
Paul Stanko
Paul Stanko
answered on Mar 6, 2017

Not sure what the specifics of your situation are, but basically, ONLY the prosecutor can file charges. If you believe you have knowledge of a criminal offense, file a police report and let the prosecutor decide whether criminal charges are appropriate.

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1 Answer | Asked in Car Accidents for Indiana on
Q: Uninsured vehicle hits illegal vehicle

My friend was driving my uninsured vehicle and had an accident. The police towed THE OTHER CAR for having fictitious plates, an expired insurance card, no registration (at least on hand) and no VIN number to be seen. They let my friend drive my vehicle away from the scene. What can I expect?

Peter N. Munsing
Peter N. Munsing
answered on Feb 14, 2017

The other vehicle can claim against your friend on injuries. You can possibly get your license suspended for having a vehicle with no insurance.

1 Answer | Asked in Car Accidents, Civil Litigation and Personal Injury for Indiana on
Q: Victim of road rage. my rights. Aggressive driver not arrested nor drug tested. Made news several stations

Daughter rammed by driver on way to school. Several 911 calls witnesses. Channel 6 8 13 news story. No arrest or chemical screen. 7 days later no charges filed or no records forwarded from police. Intentional wreck

Peter N. Munsing
Peter N. Munsing
answered on Feb 8, 2017

Sounds like your daughters rights. She needs to get medical treatment. Contact the victim assistance coordinator of the DA's office --let them interface with police. She has a number of rights but neither you nor she can compel the police to arrest anyone. So tact is the word--though see if... View More

3 Answers | Asked in Criminal Law, DUI / DWI and Car Accidents for Indiana on
Q: I just found out yesterday that I have a case from two years ago when I was a minor, without notice, can I fight it?

I was only 16 and I waited for a letter from court with a court date but I never received one. I received my background check from a job yesterday and that's when I seen that there was a case. Can I also get a lawyer to do it pro bono?

Peter N. Munsing
Peter N. Munsing
answered on Dec 28, 2016

You can try to reopen, but I don't see that you will get an attorney to handle it for free other than the legal services, and they usually don't handle such issues.

First,go check the Court docket--a)it may not says what the sheet says it does b) if it does it will say exactly...
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