Legal Question in Personal Injury in Indiana

About 4 weeks ago I was rear ended by an uninsured & unlicensed driver. He didn't even attempt to stop at the red light, and slammed into me. My car was totaled. I do have uninsured drivers coverage on my policy. The adjuster came out, looked at my car, and we came to a fair price as to what it was worth, I was given a check for that. I was also told that my insurance company would take care of my medical bills up to $2,000. If my medical bills exceeded that amount, they will take care of it, and then sue the driver who hit me for the remaining amount. I was then told that I am also entitled to something above and beyond what has been given to me already, for pain/suffering/time lost/etc (which they would write the check to me, and then sue the guy). I was told that the negotiations would start at $500 (and that it would not go below $500). I was told that I need to take a couple of weeks and think about everything that I have been through and to come up with a dollar amount. I don't want to go too high but I also don't want to go too low. I still haven't found a car, my boyfriend/family/friends have had to take me to work (causing more wear on their cars), doctor appointments, they have had to re-arrange their schedules, it has caused fights between family/friends/my boyfriend. There is a lot that has happened. I have had to push back going back to college. I guess I just need some advice on where to start with an amount. Others have said $8,000 and then from there, and that the worst they could do is come back with a lower amount. We just don't want them to feel like we are trying to get too much from them, and then drop us from the policy. Does anyone have advice?


Asked on 8/15/11, 7:21 pm

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

The information provided is insufficient as you do not indicate the diagnosis, the prognosis, the medical expenses to date, lost wages, etc. Hire an attorney. If your car was not a total, you would not try to fix it yourself. Similarly, anyone with a major injury from a car accident should not try to handle it themselves either. You are at a decided disadvantage goimg up aganst a trained adjustor.

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Answered on 8/15/11, 7:30 pm


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