Cut Off by a Driver Coming Out of a Parking Lot

[d4irydude]

My question involves an injury that occurred in the state of: INDIANA

My wife and children were involved in a wreck last week. She was driving southbound on state road 9 in Anderson Indiana. An old lady pulled out from a gas station on the east side, across 4 lanes of traffic and my wife slammed on the brakes but was unable to avoid hitting her. The conditions were sunny but slight rain. Speed limit was 55, my wife said she was going 50. The old ladies insurance says my wife was 25% at fault because she was only going 5 under the speed limit and shoud have been going slower since it was misting outside. My car is a 1998 sunfire which messed up the front bumber and now the check engine light is on and it drives like crap also my wife went to the er with back pain. I dont believe I should have to pay anything out or accept any responsability in this accident. It is my car and my insurance. I also dont want our rates going up.

[Mr. Knowitall]

If you have collision coverage for your own vehicle through your own insurance, make a claim and let them work it out.

If you won't settle with the other driver, you are able to sue her in court. You can expect that her insurance company will provide her with a lawyer, and that it will be rough in court unless you hire a lawyer of your own - which, due to the amount you would incur in legal fees, the amount of damage you describe doesn't justify.