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If You Have Been Injured Due to Someone Else’s Negligence, You Have Certain Rights That Are Guaranteed by Indiana Law.

  • YOU HAVE A RIGHT to have your automobile repaired to its original pre-accident condition.
  • YOU HAVE A RIGHT to the fair market value of your automobile, if it is totaled.
  • YOU HAVE A RIGHT to have any other personal property which had been damaged or destroyed by the accident, to be repaired or replaced.
  • YOU HAVE A RIGHT to compensation for the loss of use of your car while your automobile is being repaired; usually the wrongdoer’s insurance company will rent a car for you; there are some restrictions and limitations.
  • YOU HAVE A RIGHT to recover lost wages resulting from the automobile accident.
  • YOU HAVE A RIGHT to recover for the loss or impairment of earning capacity.
  • YOU HAVE A RIGHT to the very best medical care available.
  • YOU HAVE A RIGHT to choose the body shop to repair your automobile.
  • YOU HAVE A RIGHT to choose your own doctor.
  • YOU HAVE A RIGHT to be assured that all other passengers in your automobile will also receive the same high quality care, if there is insurance.
  • YOU HAVE A RIGHT to be compensated for any pain.
  • YOU HAVE A RIGHT to be compensated for any mental suffering.
  • YOU HAVE A RIGHT to be compensated if your injuries are temporary or permanent.
  • YOU HAVE A RIGHT to be compensated for disfigurement resulting from the accident.
  • YOU HAVE A RIGHT to have reasonable and necessary medical bills paid plus any medical bills in the future.
  • YOU HAVE A RIGHT to uninsured motorist coverage from your own insurance company. If you are a passenger in a car not owned by you, you may be protected by uninsured motorist coverage if the car owner has that insurance coverage.
  • YOU HAVE A RIGHT to underinsurance coverage from your own insurance company. Be careful, see an attorney, this can be tricky. If you are a passenger in a car not owned by you, you may be protected by underinsured motorist coverage if the car owner has that insurance coverage.
  • YOU HAVE A RIGHT to be compensated for gratuitous services received from your family members, if you are unable to care for yourself.
  • YOU HAVE A RIGHT to have your spouse compensated for loss of consortium, companionship, love and affection.
  • YOU HAVE A RIGHT to be represented by the very best professional personal injury attorney of your choice, to make sure that all of your rights are protected – and that you have adequate representation in dealing with the insurance companies.
  • YOU HAVE A RIGHT to receive medical payments pursuant to your own insurance company, if that coverage was purchased.
  • YOU HAVE A RIGHT to talk to an attorney before giving a statement or talking to any insurance company adjuster. Simply tell the adjuster you want to delay the statement until you talk to an attorney. All professional adjusters will agree to delay your statement.
  • YOU HAVE A RIGHT to receive a copy of your recorded statement given to an insurance adjuster. (All you have to do is ask.)
  • YOU HAVE A RIGHT to demand new body parts on your car if you have your own insurance company repair your car, and if your car is five years old or less. The wrongdoer’s insurance company does not have to provide new parts; they may provide used parts or off-brand parts. So, you might want to consider having your own insurance company repair your car with new body parts.
  • YOU HAVE A RIGHT to reduce or eliminate some subrogation liens that may be placed against your compensation.
  • YOU HAVE A RIGHT to compensation even though you may have been partially at fault (no more than 50%). This is called comparative fault.
  • YOU HAVE A RIGHT to receive compensation from a governmental entity only if proper written notice has been sent according to Indiana statutes. There are strict time limits.
    (I know of one person who did not send written notice in time and she lost $300,000; be sure to see an attorney quickly, this area of Indiana law requires strict compliance.)
  • YOU HAVE A RIGHT to punitive damages if the wrongdoer was grossly negligent, such as drunk driving or reckless driving.
  • YOU HAVE A RIGHT to workers’ compensation if you were in the course of your employment at the time of the accident. You may collect damages from the wrongdoer in addition to workers’ compensation payments.
  • YOU HAVE A RIGHT to receive compensation from several insurance companies under certain circumstances. See an attorney before signing releases. Signing a release can stop your rights to additional compensation from other insurance companies.
  • YOU HAVE A RIGHT to receive compensation from the wrongdoer’s homeowner insurance under certain circumstances.
  • YOU HAVE A RIGHT to collect damages from a bar or tavern who knowingly serves liquor to a “visibly” intoxicated customer who later crashes their car into you.