Legal Question in Personal Injury in Indiana

Unclaimed Auto Accident

My boyfriend was in an auto accident that was not completely his fault (based on the little information we know). The lady that he backed into/hit him from behind, has refused to give a statement to our insurance company, hired a lawyer and not sent any medical bills to either insurance company. It's been over three months and niether she nor her lawyer has contacted us or our insurance company. Our claim examiner has never seen this before and has no idea why she would be doing something like this. The law office she has hired is a well advertised personal injury attorney. How long is she able to wait and still either make a claim against our insurance or file a law suit? Do you have any ideas as to why she is refusing to give a statement to our insurance. Just a note, we are well insured, however there was an empty bottle of rum in the trunk of the car that flew to the front at the time of the accident. My boyfriend was not intoxicated, but does have a head injury and retrograde amnesia. Thanks.

Asked on 3/15/07, 8:24 pm

2 Answers from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Unclaimed Auto Accident

If this is an Indiana case, the plaintiff can wait two years before filing a case. Lawyers commonly advise clients to not give statements to the insurance companies, for many good reasons. The bottle of rum flying from the truck of your car to the front sounds like an intriguing story. Naturally, I believe you. Maybe the plaintiffs are waiting to file suit until your boyfriend's amnesia improves. Who knows?

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Answered on 3/15/07, 9:02 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Unclaimed Auto Accident

Her attorney told her not to give a statement as that is standard operating procedure. The lady has 2 years in which to file.

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Answered on 3/15/07, 9:20 pm

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