Legal Question in Workers Comp in Indiana

I have a question I was rearend in my company truck by a drunk driver. the drunk driver was not the owner of the car his uncle was an the policy is maxed out at $50,000 my medical bills was $78,000 workers comp payed them an my companys insurance company on the truck I was driving has underinsured coverage an it is the same insurance company for workers com . my question is after I settle with the drunk drivers insurance an workers comp takes half of the policy as they've agreed to can workers comp take any settlement from the under insured policy in the state of Indiana ? workers comp is telling me they can not take any settlement from the under insured policy only the third party policy is this true ?? please help me out thank you


Asked on 1/21/19, 10:30 am

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

Generally speaking, workmen"s comp. doesn't usually have a right to reimbursement from underinsured motorist policies. But the policy language and the identity of the owner of the policy may impact the outcome. Therefore, a lawyer needs to review this for you in order to provide you with the precise answer that is applicable here. You should not be trying to pursue or settle this case on your own as a do-it-yourself project or you could have some disappointing results.

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Answered on 1/22/19, 5:12 pm


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