Legal Question in Personal Injury in Indiana

Settling with an Insurance Company for Medical/Auto expenses

We are awaiting a dollar amount from the insurance company who represents their ''at fault'' client. We had physical injuries and auto repair expenses. We were never authorized to rent a car until ours was repaired. After our car was repaired we traded it in for another car that had not been wrecked and had to pay $8000 difference for the same vehicle but newer model. We are elderly and have never faced problems like this accident and dealing with an insurance company and we have endured quite a lot of distress. What should we expect as far as a fair and just dollar amount from the insurance company for all of our medical expenses, any auto expenses, and misc. expenses related to this accident that was their client's fault.


Asked on 7/22/04, 1:26 pm

2 Answers from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Settling with an Insurance Company for Medical/Auto expenses

Insurance companies rarely act in a fair way with those representing themselves. The amount you seek will depend on the injuries, treatment received, impairment if any, loss of wages if applicable as well as other items which could constitute damages. All of these things would have to be reviewed to make such a determination. An additional factor would be the policy limits.

You may wish to seek out legal counsel to assist directly with your claim. Having an attorney deal with the insurance company may be very prudent at this time.

One must be careful not to allow two years from date of the injury to run or the insurance company may take advantage then offering a lower than fair amount knowing that you would not be able to bring legal action for recovery.

If you wish to discuss this further, you are welcome to contact my officeat 317 686-0000. The choice of course is yours.

Read more
Answered on 7/22/04, 1:40 pm
C. David DuMond Law Offices of David DuMond

Re: Settling with an Insurance Company for Medical/Auto expenses

You ask, "What should we expect as far as a fair and just dollar amount from the insurance company for all of our medical expenses, any auto expenses, and misc. expenses related to this accident that was their client's fault." If the insurance company offers to reimburse you all medical expenses, including expenses paid by Medicare or other insurance, plus all repair costs, plus all other incidentals, and then proposes to pay you an additional amount equal to 150% of that aggregate amount for your general damages of pain and suffering, then you will have been treated fairly - not by any means the limit of what they should pay, but at least a fair offer. Your own insurance company should have helped you settle the property damage claim with the bad guy's insurer. It's possible the bad guy insurers consider that you were partly at fault, and will offer a lot less. I've been practicing in this area for more than thirty years, and the recent behavior of the insurance companies has become intolerably insulting. So, don't be afraid to confer with an attorney. If you need a referral, ask your county bar association for a referral to someone experienced in personal injury law. Most attorneys, me included, will consult with you for free and will accept representation on a contingency basis. Good luck.

Read more
Answered on 7/22/04, 3:15 pm


Related Questions & Answers

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