Legal Question in Insurance Law in Indiana

I was injured roller skating in a communtiy center which is owned by a small town. The fall was the result of a warped floor. The insurance adjuster sought me out and came and met with me, stating that the floor was warped and the community center was aware of this and had not taken any action in making in corrections to the floor. Actually the entire floor is warped it just so happens where I fell was the worst area. I broke 3 bones in my lower leg and had to have a rod 2 pins and 5 screws inserted. I was in a wheelchair for 5 weeks and had to use a walker for 2 months. I also had physical thereapy for weeks. My ankle is still swollen and there is still pain, but I am mentally ready to return to my previous physical state. Finally my question: The insurance company who paid the medical bills raised my companies premiums and therefore we just changed our carrier. I received a letter yesterday from a company who is working for the insurance company who paid the bills and they say that they heard another party may be responsible for causing the injuries and they are entiltled to this information. I need to know is this true? I have never heard of an insurance company suing another insurance company.


Asked on 8/06/09, 8:13 am

1 Answer from Attorneys

Larry Jackson Jackson Law Firm, LLC

Yes. The insurance company that paid your bills has a right to subrogation (or to collect from the insurer for the at-fault party). You also are entitled to recover from the insurance company for the at-fault party. Your recovery from the at-fault party is not limited to your medical bills. You can recover for your emotional and physical pain and suffering as well as for any temporary and permanent impairment. If you suffered any lost wages, you are entitled to recover that as well. Larry

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Answered on 8/06/09, 12:52 pm


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