Legal Question in Personal Injury in Indiana
Simi Accident
Was hit by semi. Deamed semi fault. Damage to our pick up and I went to ER later. Not able to repair with new parts or it would total the value. Got estimates from 3 places for repairs on truck using used parts. Submitted pictures, estimates ect to their insurance, now they are nickle and dimeing us. No serious injuries, just brussed up and sore. Son 7 and husband were both fine. What does the insurance company HAVE to give us or can they nickle and dime us.
2 Answers from Attorneys
Re: Simi Accident
I am basing this answer o nthe presumption that your concern is only about the truck repair. The insurance company for the semi does not have to give you anything until a judgment is entered.
If you do not like how negotiations are going, you can sue the trucking company and driver. If your damages are under $6000, you can do this in small claims court. They are responsible for the cost of repair caused by their driver up to a total situation. They are not responsiuble for a betterment of your truck. ( for example, new part cost for a 10 year old vehicle. They are also responsible for your loss of use for a reasonable period of time for repairs.
Keep in mind if you sue, you cannot sue the insurance company directly. You ahve to sue the trucker and trucking company. Good luck.
Re: Simi Accident
I am basing this answer o nthe presumption that your concern is only about the truck repair. The insurance company for the semi does not have to give you anything until a judgment is entered.
If you do not like how negotiations are going, you can sue the trucking company and driver. If your damages are under $6000, you can do this in small claims court. They are responsible for the cost of repair caused by their driver up to a total situation. They are also responsible for your loss of use for a reasonable period of time for repairs.
Keep in mind if you sue, you cannot sue the insurance company directly. You have to sue the trucker and trucking company.
If this is a small claims, check the Indiana Judiciary website for small claims rules, look at their video and go to the LAPorte COunty Website to download a very good manual on small claims. Good luck.