Legal Question in Personal Injury in Indiana
Another accident, different claim, question
I was rear-ended May 2003. In Indiana, their fault, they had no ins. My insurance in Michigan is paying lost wages, medical, etc. Now 3 days ago, also in Indiana, I hit someone. We both have no-fault from Michigan. My ins. said they will still pay lost wages on previous claim and medical for this. Under PIP benefits, if I settle other claim, other driver's fault, will my ins. then pay lost wages for this new claim? Adjustor sounded like they would, but is new, wasn't sure. They are going to pay 100% medical, mileage, etc. Wouldn't they be obligated if other claim ends to pay on this new claim under PIP benefits for my Michigan ins.? She said they don't pay lost wages under new claim, b/c I am already being paid, not working, not seeking work. Please tell me the what they have to do. They couldn't stop lost wages b/c of new claim, could they? They didn't sound like they would do that. thank you.
1 Answer from Attorneys
Re: Another accident, different claim, question
It is always complicated when you have two claims, especially when dealing with laws of another state. Be careful that Indiana law does not combine all claims into one basket. In Michigan, you could settle the 3rd party case against the other deriver and not have it effect your 1st party wage and medical benefits. However, if Indiana does not have no-fault, and you go by the law of the state in which the accident occurred, then you could mess up your cases. It sounds like you need a lawyer. William S. Stern