Car Accident Frequently Asked Questions

Do you offer a free consultation?

Yes, I offer free consultations with no obligation whatsoever.

What is a contingency fee?

My firm works on a contingency-fee basis, and I don’t get paid unless I obtain a successful recovery for you.

What are common injuries in an auto accident?

  • Brain and spinal cord injuries
  • Knee injuries, such as torn ligaments
  • Neck and back injuries
  • Broken bones
  • Herniated discs
  • Post-traumatic carpal tunnel syndrome
  • Facet joint injuries
  • Shoulder injuries, such as rotator cuff tears
  • Wrongful death

What are my legal rights regarding property damage to my car or truck?

If your car, truck, or motorcycle is damaged or destroyed (i.e., a total loss due to the extent of the collision damage) because of the negligence of another person, the owner of the vehicle is entitled to compensation for property damage.

If the vehicle is damaged but repairable, the owner is entitled to the cost of the repairs, plus compensation for the loss of use of the vehicle while it is being repaired or is otherwise unavailable for its regular use. Loss of use damages are measured as the reasonable rental cost of the vehicle that was damaged, regardless whether a replacement vehicle is actually rented. Loss of use damages will vary depending upon the make and model of the vehicle that was damaged. Thus, for example, the reasonable rental cost of a Chevy Suburban SUV is quite different than a Toyota Yaris or other subcompact car. In addition, the owner of the vehicle is entitled to compensation for storage and towing charges.

Indiana law also provides that compensation is owed for the diminished value of a repaired car, truck, or motorcycle. However, many insurance policies exclude coverage for diminished value claims.

If the vehicle is a total loss, then the property owner is entitled to receive the reasonable retail value of the vehicle before the accident, plus loss of use damages until the cost of a replacement is paid, plus sales tax, and towing/storage charges. To find out the reasonable retail value of the vehicle, a good source to consult is the NADA Guide to Used Car Values, which can be found at www.nadaguides.com. Another method is to telephone a car dealer who sells the make and model of the vehicle and ask their used car department what they would consider the retail value of the vehicle to be.

What does your firm do to help me with my case?

My firm will quickly investigate your car accident claim, evaluate the severity of your injuries, and make sure that you receive fair and reasonable compensation as soon as possible so that you can get on with your life.

What kind of evidence does your firm collect to build my case?

I usually have an experienced investigator visit and photograph the accident scene, photograph the vehicles as they appear after an accident, and take recorded statements of any witnesses to the accident. In many cases, I will also personally meet with your treating physician to make sure that I have a good understanding of your injury and its long term affects on your ability to earn a living and perform normal activities.

What other important sources of information do you typically gather?

We may obtain a tape recording of any 911 calls that were made after an accident to the local police department. Typically, the 911 operator asks for the individual’s name and telephone number when they call. I have had a number of cases where I was able to identify and contact important witnesses from a 911 recording.

We also may check onboard data recorders that are found in most cars and trucks as they can also provide valuable information. When an airbag is deployed in an accident, these devices will record valuable information such as the speed of the vehicle before the airbag was deployed, the direction of the vehicle, and when its brakes were applied. Such objective evidence is very valuable in proving who was responsible for an accident.