May 31st, 2011
When I am interviewing a prospective client for the first time regarding a car crash, I always ask them what type of automobile insurance they had on their own car or truck. The usual response is “I had full coverage.” When I then ask what “full coverage” insurance they had, most people don’t know. This is because the topic had never come up until they were involved in a crash.
One type of coverage that is usually part of a “full coverage” auto insurance policy is called Underinsured Motorists Insurance. As compared to Uninsured Motorists coverage that only applies when the person who caused the crash had no liability insurance, Underinsured Motorists coverage comes into play when the at fault driver did have liability insurance, but not enough insurance to fully compensate the injured person. For example, if a person’s injury claim is worth $100,000 and the at fault driver only had $50,000 in liability insurance, the injured person’s Underinsured Motorists insurance would pay an additional $50,000 to the injured person so that they are fully compensated.
Like Uninsured Motorists coverage, Indiana law requires that Underinsured Motorist coverage be offered in every automobile policy. If the policyholder doesn’t want this coverage, it must be declined in writing. Otherwise, it is automatically included. Indiana law also requires that the minimum amount of Underinsured Motorists coverage that can be offered is $50,000 per person or $100,000 per accident.
As with all insurance polices, there are a number of things in the “fine print” to be aware of. First, if the insurance company for the person who caused the crash is offering to pay their liability insurance policy limits to the injured person, the injured person must first get permission from their own auto insurance company to accept this policy limits offer. If this permission is not obtained first, then any coverage for Underinsured Motorists benefits is voided.
The rational for this provision is that if the insured person signs a release of all claims in favor of the at fault driver without first getting this permission from their own insurer, then the insurer which provides Underinsured Motorists coverage has no chance of being reimbursed for what they may have to pay in the claim from the personal assets of the at fault motorist. I see this as a somewhat questionable rationale, since in the vast majority of cases the at fault motorist doesn’t have any assets anyway other than the proceeds of their liability insurance policy. Nevertheless, Indiana courts have upheld this provision.
The other caveat to be aware of is that whatever Underinsured Motorists a person may have is reduced by the amount of liability insurance that the person had that caused the crash. Thus, for example, if the person who caused the crash had $25,000 in liability insurance and the person who was injured had $100,000 in Underinsured Motorists coverage, then there would only be $75,000 in Underinsured Motorists coverage available, even if the value of the claim is worth substantially more than $100,000.
As all insurance claims and especially Underinsured Motorists claims can be complex, give me a telephone call for a free consultation regarding what insurance coverage is available and what you are rightfully entitled to receive in your claim. As an Indiana accident attorney, I make it a priority to educate people about their legal rights.
Tags: Indiana accident attorney, Underinsured Motorists Automobile Insurance Coverage in Indiana
Posted in Underinsured Motorist Coverage | Comments Off
May 25th, 2011
Indiana law requires that everyone who buys a policy of automobile insurance be offered a minimum of $25,000 in uninsured motorists bodily injury coverage as part of the policy. If the policyholder does not want this coverage, they must sign a written waiver. Otherwise, it is automatically included.
Uninsured motorists coverage is designed to pay the injured person the same amount of money that the individual who caused the wreck would have paid if they had been insured. Most policies provide this coverage even if the person who is injured was in someone else’s car at the time of the crash or even if they were struck as a pedestrian.
Most policies of uninsured motorists coverage also provide for property damage coverage that pays for damage to the insured’s car or truck if it is damaged by a motorist who had no liability insurance. Although most auto policies also have collision coverage that will pay for property damage, there is usually a deductible for collision coverage, whereas there is no deductible for uninsured motorists property damage coverage.
This fact is something that many claims adjustors neglect to mention if an uninsured motorist causes a crash, but since many collision policies have a deductible of $500 or more, it is not something that should be overlooked.
A question that often arises in uninsured motorists claims is how does the policyholder prove that the person who caused the crash had no insurance? I have had some cases in which the police arrested the person who caused the crash because they were drunk. Amazingly enough, the insurance company for the person that was injured then tells them that before their insurance company will pay anything under the uninsured motorists coverage of their policy, it is up to them to get proof from the drunk driver that they didn’t have insurance. Obviously, this is not an easy thing to accomplish.
Fortunately, Indiana law provides that if a policyholder has made reasonable efforts to obtain proof of insurance from the other motorist, but that person has been uncooperative, an insurer must assume that the other motorist had no insurance unless the insurance company can prove otherwise. “Reasonable efforts” include attempting to contact the other individual by telephone or letter, with no response.
If you or a loved one has been injured by a motorist who had no liability insurance, give me a call to discuss what legal rights you may have under your own auto policy.
Tags: Indianapolis accident lawyer, Uninsured Motorists Automobile Coverage in Indiana
Posted in Uninsured Motorists Coverage | Comments Off
May 16th, 2011
Like many people, every month I write a check to an insurance company for a variety of policies, ranging from homeowners insurance to car insurance to health insurance, but rarely have a claim. If I do have a claim, I expect my insurance company to pay what is legally owed in a reasonably prompt fashion without a great deal of hassle and wrangling. In my view, this is what people have a right to expect in any business transaction.
Unfortunately, it is all too common for people to have an experience where their insurance company won’t return their phone calls and moves with the swiftness of a tree stump in processing their claim. Under Indiana law, such insurers may be guilty of the tort, or legal wrong, of bad faith.
In Indiana, an insurer owes their insured or policyholder a duty of good faith and fair dealing. This includes the concept of “equal consideration” where an insurer must give equal consideration to the interests of its policyholder as it gives to its own interests. The duty of good faith also includes refraining from making an unreasonable refusal to pay a claim, lying to its insured, or using an unfair advantage over an insured. Erie Ins. Co. v. Hickman by Smith, 622 N.E.2d 515, 519 (Ind. 1993).
If an insurer has violated these principles, it had committed the tort or legal wrong of bad faith against its insured. If a jury finds that such a legal wrong has been committed, a policyholder is owed compensation for this wrong, in addition to whatever benefits are owed under the insurance policy.
As an example of a bad faith claim, in a case entitled Lumbermen’s Ins. Co. v. Combs, 873 N.E.2d 692 (Ind. Ct. App. 2007), a woman became disabled and made a claim for lost income under a disability policy that she had purchased that had a maximum benefit of $25,000. The insurance company refused to pay the claim, despite clear evidence that the woman was in fact physically disabled and unable to work.
Evidence was introduced at trial regarding the woman’s medical condition and the rather extreme financial hardship that she had suffered because of the denial of her claim. The jury also heard evidence that the insurance company rewarded its claims adjustors based upon how many disability claims they had denied, and that this insurer’s claims process was designed to favor a denial of a claim, regardless of its merit. In awarding damages, an Indianapolis jury awarded the woman policyholder $25,000 for the disability benefits that she was due under the policy, plus $1,500,000 in compensation for the bad faith conduct of this insurer.
If you’ve been treated unfairly by an insurance company, give me a call for a free consultation regarding your claim.
Tags: Bad faith law in Indiana, Indianapolis car accident attorney
Posted in Indiana Bad Faith Insurance Law | Comments Off
May 9th, 2011
Most people whose car or truck has been wrecked understand that the insurance company for the person who caused the crash must pay to repair their vehicle. However, many people don’t realize that they are also owed compensation for the diminished value of their vehicle in addition to the costs of repair. This reflects that the fact that even when a vehicle has been properly repaired, it is not worth as much as compared to the same make and model of vehicle that had never been damaged.
The amount of a diminished value claim depends upon the age of the vehicle, its original value, and the extent of the collision damage. For a car or truck with a significant value, it is often worth the cost to hire a licensed automobile appraiser to provide an opinion regarding diminished value.
If your car or truck has suffered significant property damage in a crash that was someone else’s fault, give me a call. As an Indianapolis car accident attorney that has handled numerous car accident claims, we can advise you about your totaled car or truck and diminished value claims.
Tags: Indianapolis car accident attorney
Posted in Indiana Car Accidents | Comments Off
April 5th, 2011
I had a recent case where an individual had passed away from a heart attack. Although this individual had a life insurance policy at the time of his death, his widow was having difficulty persuading the life insurer to pay the policy proceeds. Although her husband had faithfully paid premiums on this life insurance policy for many years, after receiving notice of his death and a claim made by the man’s widow for the policy benefits, the life insurance company suddenly became very interested in whether the life insurance application that had been filled out 6 years previously had disclosed all of her husband’s health history.
In fact, when the widow made a claim on the policy, the life insurer asked that she provide them with the name and address of every doctor that her husband had seen for the past 15 years. While the widow had nothing to hide, she had the uncomfortable feeling that this insurer was going to go though her husband’s medical records with a “fine tooth comb” to see if there was any way they could avoid paying the claim.
Fortunately, under Indiana law, a life insurance company only has two years after a policy is purchased and remains in force to contest anything that was stated in the application. This is called an incontestability period. Thus, after two-years, Ind. Code 27-1-12-6 states that a life insurance company may not contest anything that was stated in the life insurance application. After pointing this statute out to the life insurer in this case, they quickly paid the policy proceeds.
If you or a loved one is being given the “run around” by an insurance company, give me a call for a free consultation regarding your legal rights.
Contact Indiana Life Insurance Claims Attorney James F. Ludlow
Many people don’t think they can afford an experienced insurance litigation attorney, especially when they may have thousands of dollars of unpaid medical bills or are struggling to pay their mortgage because they have been unable to work because of an accident or an untimely death of a loved one. To address this worry, I offer free consultations with no obligation whatsoever. My firm works on a contingency-fee basis, and I don’t get paid unless I obtain a successful recovery for you.
If you were seriously injured in an accident because of another person’s negligence, contact James F. Ludlow Attorney at Law to discuss your case. Call me toll-free at 1-800-589-9466 or submit the simple form on the Contact Us page.
Tags: Indianapolis life insurance claims attorney, Life Insurance Company Wont Pay in Indiana
Posted in Insurance Claims | Comments Off
March 11th, 2011
In today’s dismal economic times, health insurance is a luxury that many people cannot afford. In fact, today I was talking with a 52 year old man who was laid off from his job a year ago, who had no health insurance, and who had just been rear-ended in a car wreck. Because he had no health insurance, he was having a difficult time finding any doctor who would treat him for a back injury that he had suffered in the crash.
Most people don’t realize that if they are involved in a car or motorcycle wreck that was caused by another person that the liability insurer for that person will not pay their medical expenses as they are incurred, but only when the case is completely settled. In many cases, necessary medical care can last for months, or even years. In the meantime, unpaid medical bills can ruin a good credit history that took years to build.
In addition, finding a competent doctor, physical therapist or other health care provider who will wait to be paid until the case is settled or who is willing to work out payment arrangements can be difficult. Even hospitals that claim to be not for profit seem to have a policy of “in God we trust, all others pay cash” when it comes to paying for medical care.
One possible solution to this problem is to carry a type of insurance coverage called medical payments coverage on one’s own auto, truck, or motorcycle insurance policy. Medical payment coverage insurance pays for accident related medical expenses up to an amount that is specified in the policy, and has no deductible or co-payment. Most importantly, it is very inexpensive coverage. For example, on my own auto insurance policy, I have a $10,000 medical payment coverage policy that only costs $22.60 per year. Even if one has health insurance, medical payment coverage can also be very useful in paying co-payments or deductibles that may be incurred until the case is resolved.
This inexpensive coverage can mean the difference between getting the medical treatment that one needs following a crash or not, as well as preserving a good credit history. As many people have no idea whether they have medical payment coverage as part of their existing auto insurance policy, it is a good idea to give your auto insurance agent a call to find out—-before a car wreck happens.
If you have questions regarding what your auto insurance policy covers, give me a call for a free consultation. As an experienced Indianapolis car accident lawyer I have learned that when it comes to insurance, what you don’t know can hurt you!
For a free initial consultation contact me toll-free at 1-800-589-9466 or submit the simple form on the Contact Us page.
Tags: Accident Insurance Claim Review, Indianapolis car accident lawyer
Posted in Indianapolis Accidents | Comments Off
February 21st, 2011
In a recent case, a client was injured and their car significantly damaged when a woman disregarded a red traffic light and t-boned the client’s car. Shortly after the crash but before I was hired, the liability insurer for the negligent woman sent my client a letter which stated that the insurer would pay for the loss of use of their car while it was being repaired only if my client actually rented a replacement car, and that they would only pay a maximum of $19.99 per day regardless of the type of car that my client had been driving. This letter is a good illustration of the fact that just because an insurance company says that they don’t owe something doesn’t necessarily mean that it is true.
In Indiana, loss of use damages, which is compensation for not being able to use your car or truck because of collision damage, is measured as the reasonable daily rental value of the particular car or truck that was damaged. Thus, the reasonable rental value can vary widely depending upon the value of the vehicle that was damaged or destroyed. For example, the cost to rent a Porsche 911 Turbo as compared to a 15-year-old Chevy Malibu would be quite different, and so would compensation that is owed for loss of use.
Moreover, under Indiana law it does not matter whether a replacement vehicle is actually rented or not—loss of use damages are still legally owed. In a case that was decided by the Indiana Court of Appeals, an individual’s truck was damaged in an accident and was out of service for 20 days while it was being repaired. However, rather than rent a replacement vehicle, the individual used another car that he also owned. Although the liability insurer for the person who caused the crash claimed that they didn’t owe anything for loss of use because the truck owner had not actually rented a replacement vehicle, the Court ruled that loss of use damages were still owed because the owner did not have the use of that particular truck while it was being repaired. Therefore, whether he actually incurred an out of pocket cost in renting a replacement vehicle was irrelevant.
The Court also noted that if loss of use damages were owed only if a replacement vehicle was actually rented, people who couldn’t afford a rental car would be discriminated against, even though the loss of use of their vehicle may have a significant affect on their ability to get to work or carry on other important activities.
Despite this law, some insurance companies still try to take advantage of people by trying to pay them less than what is legally owed in a claim. So just because an insurance company says that they are only legally obligated to pay this or that, doesn’t necessarily make it true. If you feel that you are being taken advantage of by an insurance company, give me a call for a free consultation regarding your legal rights. Call me toll-free at 1-800-589-9466 or submit the simple form on the Contact Us page.
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James F. Ludlow is an Indianapolis accident lawyer who is dedicated to helping injured people throughout Indiana and the United States. I offer clients an appropriate balance of aggressive but compassionate representation. My goal is to provide excellent service and to obtain the maximum financial recovery that is reasonable and fair for the particular injury that a client has sustained.
Tags: experienced car accident lawyer in Indianapolis, Indianapolis accident lawyer
Posted in Indiana Accident Claims | Comments Off
February 14th, 2011
A favorite verse of mine from the Old Testament is Psalm 139:14 which notes that we as human beings are “fearfully and wonderfully made.” However, despite its amazing design, there are areas of our bodies that are vulnerable to certain types of injuries. One is an injury to the knee known as a meniscus tear, which unfortunately is a common injury in winter weather.
The meniscus is a pad of tough fibrous tissue in the knee that separates the femur or thighbone from the tibia or lower part of the leg. The purpose of the meniscus is thought to act as a type of shock absorber as we walk or run, and in combination with ligaments in the knee, enables us to turn and pivot.
However, the meniscus is susceptible to injury when a person slips and falls, thus causing a twisting motion of the knee. This type of twisting motion while weight bearing can cause the meniscus to tear. In adverse winter weather, many people will experience this type of injury because of an icy parking lot or sidewalk. This type of injury is also common when a person falls and twists their knee because of water or other slippery substance on a tile floor.
Symptoms of a meniscus tear include pain and swelling of the knee, along with a catching or locking sensation when the leg is extended. There may also be a sensation that the leg is going to give way when standing or walking. Not all of these symptoms may be immediately experienced, but may develop in the days or weeks after a fall.
Treatment of a meniscus tear typically consists first of physical therapy, applying ice to the knee, and taking anti-inflammatory medications. If this treatment does not improve a person’s symptoms, then the next step is usually an arthroscopic knee surgery called a partial meniscectomy in which the torn portion of the meniscus is surgically removed. Although this surgery usually relieves a person’s pain, removing a portion of the meniscus may predispose the knee to arthritic changes, as well as to further tearing of the meniscus in the future.
If you or a loved one has suffered a knee injury in a fall or auto accident, it is important to have an experienced Indianapolis slip and fall attorney who has a through understanding of your injury and its long-term consequences. Feel free to give me a call for a free consultation regarding your claim.
Tags: Indianapolis Slip and Fall Attorney, Meniscus Tear Liability
Posted in Indiana Slip and Fall Claims | Comments Off
February 9th, 2011
During the recent awful winter weather that we’ve been experiencing here in Indiana, I have received many phone calls from individuals who have fallen on ice or snow while at a gas station, apartment complex, or other business and sustained an injury. As many of these individuals had significant injuries such as a broken arm or leg, they were calling me to find out what legal responsibility the property owner may have for their fall and resulting injury.
Under Indiana law, all property owners who invite individuals upon their property for business purposes owe these individuals a duty of reasonable care for their safety. As a practical matter, this means doing something to make the property reasonably safe for winter weather conditions, such as shoveling snow off a sidewalk, plowing a parking lot, and spreading salt or ice melting chemical or some abrasive material such as sand that improves traction for customers who are trying to make their way to or from the business. If the property owner has taken these steps, they likely have met the standard of reasonable care that the law requires.
On the other hand, if the property owner does nothing or does a poor job of clearing ice or snow, they may be legally liable for the injuries of someone who falls.
As every case depends on the facts, if a fall does occur, be sure to report the fall right away to the property’s manager or owner and request that a written report be made. It is also wise is to take pictures of the property where the fall occurred as soon as possible, as photographs taken shortly after an incident can be very helpful in proving whether the property was in a reasonably safe condition at the time. Although most people don’t carry a camera, many cell phones have good quality cameras. Moreover, most cell phones will automatically record the date and time that a photo was taken.
If you or a loved one have experienced a serious injury from a fall, give me a call for a free consultation to discuss whether you have a viable legal claim. As an Indiana personal injury attorney, I offer free consultations with no obligation whatsoever. My law firm works on a contingency-fee basis, and I don’t get paid unless I obtain a successful recovery for you.
Tags: Indiana personal injury attorney, Indiana Slip and Fall Attorney
Posted in Indiana Slip and Fall Claims | Comments Off
February 3rd, 2011
In my 23 years in practice as a personal injury lawyer, there are few experiences that are more heart wrenching than meeting a family who has suffered the unexpected death of a loved one, particularly when the person has been killed because of someone else’s negligence or carelessness.
In attempting to compensate the surviving family for this loss, Indiana law provides that if a loved one is killed because of the negligence of another person, their surviving spouse and children who are less than 18 years of age do have a legal claim for final medical, funeral and burial expenses, for the income that the deceased person would have earned in the future, and for loss of companionship, guidance, love, care, and affection. Typically, such claims have a value well in excess of one million dollars.
If the deceased person was unmarried at the time of their death, the children of the deceased also have a wrongful death claim, provided that there is some degree of dependency upon their deceased parent at the time of their death. This dependency is presumed to exist if the child is less than 18 years of age. If the child is 18 or older, this dependency need only be partial, and may consist of even minor financial support and services. The key is to show a need for some support on behalf of the surviving adult children, and the providing of some support to the adult child by their deceased parent prior to their death.
I have also had cases where an unmarried adult child has been killed and has left surviving parents who were dependant upon their adult child to some degree due to poor health or financial need. Again, the key is to show a need for some type of support on behalf of the surviving parent and the actual providing of some support by the adult child prior to their death. This type of claim has become more common as people are living longer and consequently relying upon their adult children to assist them, particularly if they have health related issues.
If you or someone you know has suffered the death of a loved one, it is important to consult with an experienced attorney who is well acquainted with how to prove all of the elements of loss which are involved with a wrongful death claim, such as for example using an economist to estimate the value of services and loss of future income that the surviving family members are entitled to.
If you or a loved one have suffered the loss of a loved one because of another person’s negligence, contact Indiana wrongful death attorney James F. Ludlow Attorney at Law to discuss your case. Call me toll-free at 1-800-589-9466 or submit the simple form on the Contact Us page.
Tags: Indiana Wrongful Death Attorney, Indiana Wrongful Death Claims
Posted in Indiana Wrongful Death | Comments Off
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