NWI: Lawyer needed for property damage in vehicle accident

[evilblackrifle]

Guys,


In May, I was rear ended by a semi but not injured on my way to work. Total $3000 damage to my car. The driver physically attacked me at the scene and was taken to jail and charged with battery. I can't find a lawyer that will take the case because I was not injured. Their insurance company denied the claim. I'm not putting it through my insurance. Car is driveable but now trunk leaks when it rains. Insurance co said they would try and go after the trucking company's insurance, but could not guarantee that my premium would be affected if they could not recover the money.


This driver received 4 moving violations last year and was put out of service for a day. The company that he drives for has 26 pages of moving violations and was audited last year for Controlled Substances/alcohol.


Any recommendations for a lawyer in Northwest Indiana?


Erick

 

[Crbn79]

That seems to be the running joke these days. A lot of Lawyers are looking for a quick payday. I have a case of my own for Medical Malpractice that Lawyers have flat out told me anything worth less than a $100,000 settlement isn't worth their time.

For what it's worth, under $6,000 can be covered by a Small Claims Court.

 

[evilblackrifle]

That seems to be the running joke these days. A lot of Lawyers are looking for a quick payday. I have a case of my own for Medical Malpractice that Lawyers have flat out told me anything worth less than a $100,000 settlement isn't worth their time.

For what it's worth, under $6,000 can be covered by a Small Claims Court.

I wouldn't be pushing so hard but with his record and that of his trucking company, he's a loose cannon. The next person might not be so lucky.

Not happy about having to pay a retainer, but if that's what I have to do, I will do it.

I filed in small claims court. Also subpoenaed the cop.

 

[Snapdragon]

Maybe shoot a PM to HoughMade and he might have some ideas of someone if it's not something he would deal with?

 

[HoughMade]

I can't guarantee I can take the case, but I'd be glad to talk to you about it. Feel free to PM me.

 

[yeahbaby]

Have you contacted Rhame & Elwood in Portage.

 

[Bonkers4Bacon]

I currently work for a large insurance company in auto claims just like this one. I dont want to reveal any more info but I'd be glad to help. The accident shouldnt be a "surchargeable" loss, which basically means it shouldnt affect your premiums. Every company runs a little different, but this is what I've learned from my position at my company. The surcharge is there for things that happen that you basically have to put under your policy, but shouldnt be dinged for. For example, hit and run. Not your fault, you shouldnt be surcharged (shouldnt negatively affect rates). The repairs could be done under the collision coverage on your policy, but removing the surcharge technically wont affect your premiums. Again, it might be something worth at least bringing up to your insurance claims office. Every company might be different, but thats how it works with mine. You can PM me if you want some more info, I'd be glad to help. I see claims like this every day.

 

[evilblackrifle]

You guys are all awesome! Thank you so much!

 

[spec4]

Have you considered exploring a civil suit for the battery?

 

[Expat]

Did you call the Indiana Department of Insurance? They will ask the other company for the basis of their denial.
I assume you do not want to make a claim against your company due to worrying about your premium? If you did collect, the claim is now theirs.
Just file in small claims court. The amount is small enough.

 

[evilblackrifle]

I can't guarantee I can take the case, but I'd be glad to talk to you about it. Feel free to PM me.

PM sent...thanks HoughMade

 

[evilblackrifle]

Have you considered exploring a civil suit for the battery?

Honestly, I've never been put in this situation before. No lawyer will even talk to me. It really is frustrating. You guys on this board are so very helpful...Looking back on this I got out of my car simply to exchange information. Never in my wildest dream did I ever think I would be thrown into oncoming traffic. Thankfully motorists that morning were wise enough to move over quickly. I really think there was a higher power that day because things could have quickly turned ugly had a motorist not been paying attention. He really did catch me off guard. For the first time in my life I felt completely powerless over the entire situation...

 

[spec4]

Honestly, I've never been put in this situation before. No lawyer will even talk to me. It really is frustrating. You guys on this board are so very helpful...Looking back on this I got out of my car simply to exchange information. Never in my wildest dream did I ever think I would be thrown into oncoming traffic. Thankfully motorists that morning were wise enough to move over quickly. I really think there was a higher power that day because things could have quickly turned ugly had a motorist not been paying attention. He really did catch me off guard. For the first time in my life I felt completely powerless over the entire situation...

Some time ago I had a minor accident. The other guy came out screaming it was my fault. It wasn't. He really had an attitude but I figured to stay cool unless he throws the first punch. Police came, turns out he had no insurance or registration so they gave him two tickets. I made my prior post regarding a civil suit because what this guy did to you is totally unacceptable and he should have to pay. If you get a judgement on him, if he owns anything you can attach it to satisfy the judgement. You want to get his attention so he doesn't do crap like this in the future.

 

[evilblackrifle]

Some time ago I had a minor accident. The other guy came out screaming it was my fault. It wasn't. He really had an attitude but I figured to stay cool unless he throws the first punch. Police came, turns out he had no insurance or registration so they gave him two tickets. I made my prior post regarding a civil suit because what this guy did to you is totally unacceptable and he should have to pay. If you get a judgement on him, if he owns anything you can attach it to satisfy the judgement. You want to get his attention so he doesn't do crap like this in the future.

The police report indicated he was following too closely, and further that the cop witnessed him physically attacking me, and being charged with battery and taking him into custody, so it should be a slam dunk if I can find an attorney to take it. I did file in small claims but was told I could only go after him for actual damages which is around $3k. I'm so pissed about that, but it is what it is...