Legal Question in Personal Injury in Indiana

mediation on Tuesday

I live in Michigan, MVA was in Indiana. Person at fault had no insurance. I have uninsured and PIP on my policy, also 100% medical. My insurance co. is mediating with my lawyer and I. They are saying they want a credit for lost wages they have already paid. My policy limit is $100,000 for me. Can they actually get the full credit? I thought PIP was totally separate part of my policy than uninsured. Also, does my lawyer get 33 1/3% before medical is paid or after in settlement amount?

Asked on 11/19/05, 9:33 am

1 Answer from Attorneys

William Stern William Stern, P.C.

Re: mediation on Tuesday

It matters what is contained in the terms of your policy. The uninsured motorists portion of your policy is to place your insurance company in the position of the uninsured driver. If you would have sued the uninsured driver for excess wage loss (because your wage loss exceeded the 3 years paid by the first party carrier, for example), then I can see the argument that they should get credit for the wage loss already paid. Your lawyer charges 1/3 after deducting the costs spent pursuing the case. Your medical is not a cost of the case. It is part of the recovery, perhaps. William S. Stern

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Answered on 11/19/05, 12:57 pm

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