After an Indiana car accident, there is a long way to recovery. First, an accident victim must deal with the physical and emotional toll that the accident takes. Once the body and mind have sufficiently recovered, there are usually still unsettled matters such as medical expenses, lost wages, and the loss of enjoyment of life that accompanies being an accident victim.
In many cases, insurance companies provide accident victims compensation for their injuries. However, insurance companies are operated on a for-profit model and will too often deny the claims of accident victims or offer significantly less compensation to them than an accident victim needs or deserves. A recent case illustrates one accident victim’s difficulties in dealing with an insurance company after a car accident.
The Facts of the Case
The plaintiff was injured in a car accident. The other driver was insured by the defendant insurance company. The insurance company acknowledged that their customer was at fault in causing the accident and provided advance payment of the plaintiff’s medical expenses for a period of about six months.
At that point, the insurance company requested that the plaintiff undergo an evaluation to determine whether the ongoing medical treatment the plaintiff was requesting was related to the car accident or was caused by something else entirely. The plaintiff refused the evaluation, and the insurance company ceased making payments to the plaintiff.
The plaintiff filed for a declaratory judgment, asking the court to require the insurance company to pay for her ongoing medical expenses. The court granted the plaintiff’s request, noting that the expert witness testimony presented by the defendant insurance company was not based on a sufficient foundation of knowledge. Thus, the court did not consider the insurance company’s evidence and entered judgment in favor of the plaintiff.
On appeal, the court reversed the lower court’s judgment. The appellate court concluded that the insurance company’s experts did have an adequate foundation for their opinion testimony, and once that testimony was taken into account, it created a genuine issue of material fact. Since summary judgment is not proper when there is an unresolved issue of fact, the court reversed the decision below, explaining that the plaintiff should file a personal injury lawsuit seeking compensation for her future medical expenses.
Have You Been Injured in an Indiana Car Accident?
If you or a loved one has recently been injured in an Indiana car accident, you may be entitled to monetary compensation. Of course, along the way, you will almost certainly have to deal with at least one insurance company. The dedicated Indiana personal injury attorneys at the law firm of Parr Richey Frandsen Patterson Kruse have extensive experience handling all types of car accident claims, including cases involving difficult insurance companies. Call 317-505-1342 to schedule a free consultation with a dedicated Indiana personal injury attorney today.
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Potential Difficulties of Dealing with Insurance Companies after an Indiana Car Accident, Indiana Injury Lawyer Blog, December 11, 2017
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