Legal Question in Personal Injury in Indiana

Passenger in a single car accident

My minor daughter was severely injured in a single car accident caused by a negligent (possibly intoxicated) driver. She suffered significant brain injuries and the driver passed away. The driver doesn't seem to have any assets and my daughters med bills (which are currently being paid by my health ins.) have reached the drivers auto insurance limits.

This accident happened in Mississippi and we are residents of Indiana. How will the rules of subrogation affet this case and what would be the benefit of hiring an attorney? It seems that my health insurance would take all of the auto settlement and I would be left owing attorney fees.

Asked on 11/26/08, 3:30 pm

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Passenger in a single car accident

I wish there was something that I could do for you.

You need to post this in the Mississippi Law Guru Board as the law of the state where the accident happened governs.

Read more
Answered on 11/26/08, 3:54 pm
C. David DuMond Law Offices of David DuMond

Re: Passenger in a single car accident

I am very sorry for the suffering imposed on your daughter and her family. I have a suggestion and a comment. First, check with your auto insurance carrier to see if you have underinsured coverage combined with uninsured coverage. Often, if your liability limits are higher than the bad guy's coverage, you can claim against your own underinsurance coverage, with no adverse consequence to your insurability, even if you were a passenger in the car of a third party. If your insurer scoffs at the idea, then show your policy to one of us eager lawyers to see if there is a loophole for coverage. I've had two cases where the insurer had to pay on a claim because as they put it I had an "unusual way of looking at things." Of course, those companies promptly amended those policies to exclude my way of looking at things. As to attorney fees, if the attorney accepts the case on a contingency basis, as he or she probably would, then you would owe no fees unless you recovered something. In subrogation situations from my practice, the health insurer always accepts my fee as part of its cost and usually accepts a portion of the total recovery, so that the victim has something for pain, suffering and icome loss. And finally, as Mr. Padove suggests, make sure you invite Mississippi attorneys to comment on this situation. Good luck.

Read more
Answered on 11/26/08, 4:55 pm

Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Indiana