Legal Question in Personal Injury in Indiana

what recourse do I have. my car hit by another person and because how I reacted prevented a head on collision. my car was totaled & used to secure a personal loan which said loan is included in a chapter 13. other guys insurance claimed fault but we had no injuries so an injury atty won't handle. insurance company going to pay something to loan company but I feel because through no fault of my own our car was taken away we should receive something as it was a very nice car and we just put rebuilt transmision and a couple other not cheap repairs to keep it going to the tune of $3500 because we were going to keep it a good while. the transmission has 2 of the 3 year warranty left. all these repairs were done 8 months ago and the rest January of this year. Because of this accident it is going to make us a double dipped victim while the other driver doesn't really suffer. Would like an atty to help me fight, but don't have the money to pay, but feel the other driver should. The other driver drove wrecklessly and crossed the center line and is where we tried to avoid a head on, but still was hit and now suffering. no settlement as of yet and its been 2 weeks and no mention of suffering/anguish settlement either. Feel I am going to be taken to the cleaners. We thought the other driver drunk but the police said no. We've emotionally and financially going through hell. Thank you


Asked on 4/28/10, 7:26 pm

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

You are only entitled to the value of your car. Whether there is more money owed on it than it was worth, and therefore all money will be paid to the loan company, is not a consideration. If you were not injured, "suffering and anguish" are not part of the equation. You do not receive money just because the other was drunk. Only the legislature changing Indiana law will change this situation.

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Answered on 5/04/10, 6:49 am


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