Legal Question in Personal Injury in Indiana

Car accident with injuries

My husband was in a caar accident on Jan 09, 2009 and was hurt. It wasn't our fault but the person who hit us, their insurance company has not gotton back with us. We have called MANY times, my insurance company have tried emailing and calling numerous time. My husband had surgery on his neck and is now recovering. We used our own insurance to cover it but my question is how do we getthe other company to take a stand. We have the police report. Please help. My husband is now out of work for six weeks. I dont know where to go or what to do!!???!!


Asked on 1/21/09, 11:37 pm

4 Answers from Attorneys

Gregory Coleman Coleman Law Office

Re: Car accident with injuries

At this point, you definitely need to consult an attorney! With your husband having what sounds to be a severe injury and the fact the insurance company isn't returning your calls- it's time to take legal action. They may be waiting for an attorney to contact them. With your husband having such an injury, they are probably presuming that you will be hiring an attorney. If you like, call our office first thing in the morning and we can review what you have already and see where we can go from there. If for some reason I am unavailable, please ask my secretary to speak with my paralegal. If she isn't in, please ask for her direct number. She will make sure you get taken care of if I am unavailable. Feel free to take a look at our website for more information.

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Answered on 1/22/09, 1:11 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Car accident with injuries

I hope that your husband is making a good recovery. I have been practicing law for over 25 years and have injury cases throughout Indiana, including Fort Wayne. In all of that time, I cannot say that I have ever heard of an insurance company taking this long to get in touch with an injured party.

This is a serious case. ou should seriously consider hiring a lawyer who can immediately obtain admissible photos of the scene and possibly your husband, the police report, contact witnesses and possibly obtain a statement form the other driver, as well as confirming that the other driver was actually insured. If he wasn't insured, an attoreny can then protect your uninsured motorist interests.

Your husband will not only be entitled to his lost wages, but also future lost wages, past and future medical expenses, even if covered by insurance, disability, if he is no longer able to do the things he could do before and pain and suffering. You have also suffered because your husband cannot do the things he normally would do with and for you and have rights, also.

The fact that you have not heard from the other insurance company may actually be a blessing for you as insurance adjusters have years of training and will want to take a statement. They have been trained to ask questons in such a way that they can twist what happened to make it appear that it was your husband's fault. In Indiana, if they can show that your husband was more than 50% at fault, the insurance company and the other driver do not have to compensate you or your husband. So whatever you do, at least for now, do not give an adjustor a statement.

Feel free to contact me if you have any further questions. Whether, you contact me or not, you should obtain an attorney. Good luck and again I hope that your husband has a speedy recovery.

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Answered on 1/22/09, 8:18 am
Keith Kinney Hill Fulwider

Re: Car accident with injuries

Maam--My condolences to you and your husband. You should consult an attorney to assist you with your claim against the other driver. I deal with insurance companies everyday, and I would be happy to assist you if you so desire. My contact information is below. Thanks and good luck.

Keith A. Kinney

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Answered on 1/22/09, 9:57 am
Mary J. Hoeller, R.N., J.D. Attorney At Law

Re: Car accident with injuries

You should hire a personal injury attorney to assist in this difficult matter.

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Answered on 1/22/09, 10:12 am


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