
Originally Posted by
tsnody2001
I was in an automobile accident and have roughly $12,000 in medical bills. I was driving my girlfriend's car and was hit by a drunk driver. I am currently discussing the situation with her insurance company. I don't have a lawyer, but I heard that her insurance will probably pay up to three times that amount. Is that true?
I live in Indiana.
Indiana is a fault based State (not a no fault State in which your medical bills are paid up to the maximum coverage no matter who is at fault). In Indiana the insurance companies pay based on your percentage of fault. If you and the companies - or the companies themselves - cannot agree, you will have to file a law suit. Your medical expenses will be paid up to the limit of the policies - no more and hopefully no less.
Her insurance company will not pay you for pain/suffering/economic loss/permanent injuries. That's a claim against the company insuring the vehicle that caused the accident and, no, the 3x the amount belief is just that - a belief and not the truth.
You will settle higher and faster if you use an Attorney - however, if you have been talking to both insurance companies you may have already harmed your case.
I would still consult with an Attorney.