Legal Question in Personal Injury in Indiana

How do I ask for compensation from a car accident

I was just in an auto accident with the other

driver at fault. I am recently self-employed as a

freelance artist and visual merchandiser. I was

on my way to deliver artwork to sell, which was

damaged. I am now without a car and have lost

days of productivity as well as lost time to

repair the damaged art. What is fair to ask for

compensation and what documentation do I need to

have when the at fault driver's insurance contacts

me? I owned at 92 Geo Tracker that was in

excellent condition and that I cannot replace.I

know the blue book is $4500, but after two days of

searching, I haven't found any used Trackers in

that price range in good condition, and other

comparable vehicles are much more expensive. I do

need a vehicle such as a utility vehicle for my

work as I transport props and other artwork almost

daily which needs cover and protection. I am

under the care of a doctor...no serious injury,

but am having neck and arm pain that is being

monitored. Than


Asked on 5/29/99, 10:33 am

1 Answer from Attorneys

Curtis J. Hamilton Neel Wilson & Clem

compensation from a car accident

Typically, the insurance company should settle your property claims promptly and, usually, fairly. Request the retail blue book value of your Tracker and the fair market value of your lost artwork. Be prepared to substantiate the value of your art with receipts, invoices, etc.

With regard to your other claims, I typically do not like to settle with an insurance company until after a client has been released from a doctor's care. After that, I demand three to five times the client's special damages, such as medical bills, lost wages, etc., to settle the case. You are entitled to compensation for lost work, but be prepared to prove your losses.

One final note: you are entitled to pain and suffering losses, which I call aggrevation costs. Remember that you would not be hurting if the insured had not been negligent. The company will try to settle with you very cheaply. If you are not satisfied, contact an attorney who specializes in personal injury (not one who dabbles in it occaisionally). Good luck.

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Answered on 6/01/99, 6:42 pm


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