• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Indiana accident

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

TalonBoi

Junior Member
What is the name of your state? I live in Hartford City, Indiana. Last Saturday (10-20-07) i was driving on a four lane road, and was hit in my front quarter panel by a car trying to cross the 4 lane road, from an intersection to a Target store. The guy that hit me, was from Chicago, IL and was driving a company car with full coverage insurance. I was driving my 94 Eagle Talon, and haven't been able to afford insurance. Do I have any legal rights to claim any property damage? My car is just about totaled, i haven't gotten estimates yet, but it would cost more to fix it, than it is worth. Also there wasn't any bodily injuries to myself (the driver) or my girlfriend, who is carrying our second child. She is 3 months. We went to the Hospital and the baby it just fine. So I'm just trying to find out, if I can call his companies insurance, and make a claim for it being his fault, and my car totaled. I also know the state of Indiana will take my License from me and I'll get sum fines and tickets. Any answers or info i missed would be greatly appreciated. (sorry bout the length, I'm just trying to fully explain the situation):)
 


moburkes

Senior Member
What is the name of your state? I live in Hartford City, Indiana. Last Saturday (10-20-07) i was driving on a four lane road, and was hit in my front quarter panel by a car trying to cross the 4 lane road, from an intersection to a Target store. The guy that hit me, was from Chicago, IL and was driving a company car with full coverage insurance. I was driving my 94 Eagle Talon, and haven't been able to afford insurance. Do I have any legal rights to claim any property damage? My car is just about totaled, i haven't gotten estimates yet, but it would cost more to fix it, than it is worth. Also there wasn't any bodily injuries to myself (the driver) or my girlfriend, who is carrying our second child. She is 3 months. We went to the Hospital and the baby it just fine. So I'm just trying to find out, if I can call his companies insurance, and make a claim for it being his fault, and my car totaled. I also know the state of Indiana will take my License from me and I'll get sum fines and tickets. Any answers or info i missed would be greatly appreciated. (sorry bout the length, I'm just trying to fully explain the situation):)
What is the $ value of your vehicle?
 

ecmst12

Senior Member
Yes, you can make a claim even though you have no insurance. (FYI, you can afford to get into an accident without insurance a lot less then the insurance itself!) I don't know if your state laws will bar you from recovery because you are uninsured, but file the claim and the adjuster will let you know.
 

moburkes

Senior Member
IC 9-26-1-2
Duties of driver of vehicle involved in accident resulting in damage to vehicle driven or attended by person but not resulting in injury or death
Sec. 2. The driver of a vehicle involved in an accident that does not result in injury or death of a person but that does result in damage to a vehicle that is driven or attended by a person shall do the following:
(1) Immediately stop the vehicle at the scene of the accident or as close to the accident as possible in a manner that does not obstruct traffic more than is necessary.
(2) Immediately return to and remain at the scene of the accident until the driver does the following:
(A) Gives the driver's name and address and the registration number of the vehicle the driver was driving.
(B) Upon request, exhibits the driver's license of the driver to the driver or occupant of or person attending each vehicle involved in the accident.
(3) If the accident results in total property damage to an apparent extent of at least one thousand dollars ($1,000), forward a written report of the accident to the:
(A) state police department, if the accident occurs before January 1, 2006; or
(B) bureau, if the accident occurs after December 31, 2005;
within ten (10) days after the accident.
As added by P.L.2-1991, SEC.14. Amended by P.L.157-2003, SEC.3; P.L.210-2005, SEC.5
************
I was unable to find a statute which states that you will not be able to recover for the damages due to your lack of insurance. The statute does exist in other states, but I didn't find it for your state.
 

TalonBoi

Junior Member
The Kelly Blue Book Trade-in says its worth $1,245.00. I still owe on the car from a used car dealership, about $1,800.00. (screwed myself there too) I was actually going to file the car under bankruptcy within the next 2 weeks, but now im not sure what to do. I also have some credit cards that are going in the bankruptcy. and thank you for the reply
 

moburkes

Senior Member
The Kelly Blue Book Trade-in says its worth $1,245.00. I still owe on the car from a used car dealership, about $1,800.00. (screwed myself there too) I was actually going to file the car under bankruptcy within the next 2 weeks, but now im not sure what to do. I also have some credit cards that are going in the bankruptcy. and thank you for the reply
You can still file BK, but don't spend that cash yet - the trustee may use it to pay your creditors.
 

TalonBoi

Junior Member
Thank you guys so much for your speedy responds. I haven't pursued anything on this yet, mostly because I was afraid to. This is my first Real vehicle accident, also the tow bill cost me $155.00 and they weren't very nice to me about it. What would you suggest that I do now. I already plan to go to Muncie and get a copy of the police report, and make sure that it shows him at fault. It was clearly obvious at the scene, but you never know what people lie about. He was admitting that he didn't see me. He by the way is 23 and I am 22, so i was really shooken up. I want to keep my costs down, and i have a friend that is going to sell me a blazer for $500.00. So who do i call, how do i get figure out a settlement??:confused:
 

moburkes

Senior Member
Just file the claim. There is no settlement to figure out. You will still owe the buy here pay here place some additional money.

Don't settle the medical portion yet. They should be paying for the doc visits.

Good luck and congrats on the new baby!
 

TalonBoi

Junior Member
Thank you again for the advice, but who do i file the claim with? and what do i claim? do i send, who i file the claim with, a copy of the estimates I'm going to get? I don't have my own insurance, so i can't file with them.. Also I dont think there will be any medical. My girlfriend is on pregnancy Medicaid, and our 2 year old daughter is on full Medicaid (she wasnt in the car at the time, thank god)
 

moburkes

Senior Member
You call their insurance company and answer the questions they ask.

You have to file an accident report (which is different from a police report). Don't forget about that.
 

TalonBoi

Junior Member
Thank you yet again. I'll try to get a hold of the kid, and get the name of the insurance or a number. Or maybe it will be on the police report. But I will keep you Updated on how it goes. Thanks for everything :D
 

ecmst12

Senior Member
It should be on the police report. You will probably not have to get estimates yourself; they will most likely take posession of your car and pay you the fair market value (which might be somewhat less then the KBB value), and sell what's left of it for the salvage value. They will get an estimate of course to make sure the damages are close to or exceeding the value. They MAY pay your leinholder directly; if they do not, you should certainly turn the money right over to them, since it's really their money.

You should also notify Medicaid that the hospital visit was due to an auto accident, and give them the other driver's insurance information, so they can get their money back from the auto insurance company.

Also don't be surprised if you get a notice in the mail that your license is being suspended for driving without insurance.
 

TalonBoi

Junior Member
I wonder, this state is really messed up;), could I file something for ruining my girlfriends 19th Birthday? I wouldn't be surprised if I could, or if she could.:rolleyes: I used to live in Michigan, and only moved here for her. I like Michigan better :p.....
 

seniorjudge

Senior Member
I wonder, this state is really messed up;), could I file something for ruining my girlfriends 19th Birthday? I wouldn't be surprised if I could, or if she could.:rolleyes: I used to live in Michigan, and only moved here for her. I like Michigan better :p.....
You cannot file a lawsuit for damages to someone else.

Did the girlfriend have permanent and serious physical injuries caused by the bad person?
 

ecmst12

Senior Member
Your girlfriend didn't even have minor/superficial injuries, therefore she can't recover for pain and suffering. You don't get money from insurance just for inconvenience. In an accident with no injuries, you get actual damages only (cost to repair or actual value of your car).
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top