In Indiana auto accident cases, injury victims generally have 2 years from the date of the accident to file a claim. There are several exceptions to this rule such as in cases against governmental entities which require tort claim notices to be sent shortly after the accident. Because every case is different and may involve different laws, it is advisable to talk to an attorney as soon as possible to ensure your rights are protected.
If you are involved in a car accident, it is important to notify your insurance company. In fact, most insurance policies require you to notify them immediately after an accident. When speaking with your insurance company, you should provide them with the basic information. While your own company is likely entitled to take a statement from you, it is recommended that you advise the insurance company that you would like to contact an attorney before giving any formal statements related to the incident.
While you are entitled to represent yourself, it is not recommend to pursue a claim without an attorney. Claims adjusters for insurance companies are trained to negotiate settlements in the best interest of the insurance company, not you. Furthermore, accident laws require you to meet specific deadlines in order to pursue your case. In order to insure that you will be treated fairly, meet all deadlines and obtain the maximum recovery you are entitled to, it is wise to hire an attorney.
Most car insurance policies have a medical payments provision. This is essentially a health insurance policy on your automobile which will pay your medical bills up to the policy limits of the coverage without any deductibles or co-pays. This coverage applies no matter who was at fault. However, if another driver was at fault for your accident and you pursue a claim for injuries against the other driver or his insurance carrier, your insurance company would likely be entitled to ask for repayment of any bills it paid under the medical payment coverage from your settlement with the other driver.
Accident victims may have different problems resulting from car wrecks. However, most have the same questions they need answered. For this reason, our firm has developed a series of video FAQs answering questions for accident victims. Each month we anticipate addressing different areas of the law. Examples of questions that are addressed are "Do I use my health insurance card to pay for my medical expenses?" and "If I hire a lawyer, how long will it take for my case to be resolved?" The videos aren't intended to offer legal advice, but they do help provide short answers to questions our clients frequently ask. The videos can be seen on indianalawtv.com or by visiting Youtube.com. When visiting the indianalawtv.com site, we provide visitors an opportunity to ask questions which we can answer in future videos. If you have any questions you feel would be appropriate for our series, please let us know. Below is one of the videos in the series entitled, "Can I handle my auto accident without a lawyer?"
The New York Times recently discussed a problematic new trend happening during jury trials. That trend being jurors using Blackberrys and iPhones to gain information through the internet about the case they are hearing. Read the article here.
On top of these devices distracting the jurors from focusing on the case, internet services provided through Blackberrys and iPhones allow jurors to research technical aspects involved in the trial they are hearing or simply find out information about the parties themselves. Information that can be prejudicial and prohibited from being considered pursuant to state and federal trial rules.
Continue reading "Blackberrys and iPhones Causing Problems in Court " »
This past January, the Indiana Court of Appeals ruled on a case coming out of Laporte County. The case dealt with a grandmother who signed the state required "financial responsibility form" for her grandson when he turned 16. At that time, the grandson was living with his grandmother and she was his legal guardian. She had bought her grandson a new car for his 16th birthday and registered the car in his name.
Pursuant to IC 9-24-9-3, Indiana requires that a minor's driver's license application be signed by a parent or legal guardian who promises to assume certain statutory obligations on behalf of the minor. Under IC 9-24-9-4(a), "[a]n individual who signed an application for a permit or license under this chapter agrees to be responsible jointly and severally with the minor applicant for any injury or damage that the minor applicant causes by reason of the operation of a motor vehicle if the minor applicant is liable in damages.”
Tony Patterson and Pete Obremskey of the Indianapolis and Lebanon Indiana law firm of Parr Richey Obremskey Frandsen and Patterson were again named as Indiana Super Lawyers in the area of personal injury law for 2009. This recognition marks the fifth consecutive year both attorneys have received the designation. Tony Patterson and Pete Obremskey, along with their partner Paul Kruse, represent accident and injury victims across the state of Indiana. A complete listing can be viewed by viewing the Indiana Super Lawyer magazine or in the March edition of Indianapolis Monthly 
I have been a personal injury attorney at the law firm Parr Richey Obremskey Frandsen & Patterson for the past 30 years. Insurance companies and their clients have ignored the facts about personal injury litigation and propagate the myth that frivolous claims threaten society. In fact, insurance companies only pay for harm caused by their insured. Claims that have no substance--if they exist--are dismissed by the court or are lost at trial.
I responded to a recent newspaper editorial written under the headline: "Lawyers, spurious lawsuits threaten a potential civic disaster". Too many newspaper editors have fallen prey to the propaganda campaigns of insurance companies who try to poison the perception of the public--and potential jurors in our community--about the impact of litigation on our society. In fact, our homes, cars, products and lives are safer because personal injury lawyers hold manufacuturers and others accountable for their misconduct.
Attached is my entire letter to the Editor for the Lebanon Reporter:
Continue reading "The myth about frivolous lawsuits--what insurance companies don't tell you" »
The recent multiple vehicle, snowstorm accidents on I-69 near Indianapolis that resulted in two deaths and numerous injuries were a somber reminder for one of our clients. The headline story for the Sunday edition of the Indianapolis Star on Feb.15, describing the accounts, closecalls and ironies of some of the 34 drivers and victims involved in the Feb. 3 catastrophic pileup, was even harder to absorb.
On Feb. 14, 2006, Kevin Minglin was returning home from work on southbound I-69 just south of mile marker 8 when he was struck head-on by an oncoming vehicle. The other vehicle had lost control and crossed the center median. Because of recent heavy snow, the center median was packed up to and over the guardrail, permitting the car to "fly" over the guardrail and into the windshield of the Minglin car. Numerous vehicles were involved, and Kevin was killed instantly, leaving behing his wife and 2 teenage girls.
Over the past 2 years, the Minglin women have been forced to move on with their lives, but Kevin remains in their thoughts daily. Although our firm was able to help them secure a settlement with the insurance company that has made them financially secure, their lives have been filled with events that are constant reminders of their loss.
This past Sunday's story moved us to consider again the "what-ifs" that might have prevented Kevin Minglin's death. What if he had left work at his normal time, instead of helping "one more account" to make the customer happy? What if he hadn't called home on his cell phone moments before the collision--would he have been in a different lane or gone a little faster, and been out of harm's way? What if he hadn't slowed to let a car pass him moments before? If the snow hadn't been packed in the median, would the other car have collided with the guardrail instead of going over it?
Snow and speed killed Kevin Minglin, too. He was just in the wrong place at the wrong time. But his family's faith has allowed them to accept that it couldn't have been avoided.
Indiana law requires that each driver be covered with liability insurance in order to operate a car on public roadways. This law requires that insurance to have minimum liability limits of $25,000 per person and $50,000 total damages per accident. Simply put, this requires every driver to 
have enough insurance to pay any damages they cause up to $25,000 to any one person they injure. While every driver is required to carry insurance, too many drivers have too little or no insurance at all.
While no one can guarantee other drivers on the roadway will have insurance, drivers can protect themselves by purchasing uninsured (UM) and underinsured (UIM) motorist coverage. In fact, every automobile insurance carrier selling policies in Indiana is required to offer UM/UIM coverage in an amount equal to the liability portion of the insurance policies they sell.
UM/UIM coverage acts to protect drivers from uninsured and underinsured drivers by insuring they are protected up to the amount of the UM/UIM coverage they purchase. For example, if you are insured by Allstate Insurance with UM/UIM limits of $100,000, and are hit by a negligent uninsured driver, Allstate is required by law to step in and provide coverage to you and pay any damages you sustain in the accident up to the limits of your $100,000 UM/UIM policy. This would include paying for all of your damages including medical expenses, lost wages, pain, suffering, the loss of enjoyment of life, and any other damages you sustain.
If the negligent driver is insured by Progressive Insurance with liability limits of $25,000 and your damages exceed the $25,000 limits, Progressive would pay the first $25,000 of your damages and Allstate would cover any additional damages you sustained up to your policy limits of $100,000 in total damages.
The law surrounding uninsured and underinsured motorist coverage can be complicated. However, purchasing significant UM/UIM coverage can provide substantial financial protection for you and your family.
