Tag Archives: Indianapolis Car Accident Injury Attorney

A Single Text Changes Lives Forever | Car Accident Lawyer in Indiana

A single bad decision can change your life and the life of others – forever!Call Charlie Ward at 317-639-9501

One Text… One simple distraction has the power to cut a long, full life ….. Short. Everyday our lives are filled with distractions! It’s up to each of us to set boundaries, that keep both the roads and our futures safe. Too much life to live, to risk cutting it short from a preventable mistake. #stopthetextsstopthewrecks #wardlawfirm

Project Yellow Light – STOPTHETEXTSTOPTHEWRECKS.ORG

Friends, here is a great example of using our voice to make a difference!Call Charlie Ward at 317-639-9501

Introducing, Brittnay Devasure 2013 Project Yellow Light winner:). Great Video, Great Message …. 2 pts and a yellow star for creativity and effort!

Injured in an accident? You may benefit from knowing about the RAP Clause! – Your Auto, Motorcycle, Trucking and Bicycle Personal Injury Indiana Attorney

Your health insurance contract may have a RAP Clause that can save you moneyCall Charlie Ward at 317-639-9501

A serious injury from an auto, motorcycle, trucking or bicycle accident may necessitate a surgical procedure to make the patient whole again. Under the best of these circumstances, a non-life threatening injury would give the injured party an opportunity to seek a consultation with a surgeon “in-network” under their health insurance plan. When a course of treatment was agreed upon, the surgeon would schedule the operation with an in-network facility. But how many other physicians and healthcare professionals are performing services on your behalf while you are under anesthesia? You may be surprised when the bills start rolling in.

It takes a team of physicians and healthcare professionals

While you are in the operating room and during your hospital stay, a team of professionals work side-by-side with your surgeon providing supplemental services that make a successful surgery possible.

Your anesthesiologist has probably been hand-picked by your surgeon who chose him/her because of a good working relationship and his/her availability on the date of surgery. Many anesthesiologists do not contract with health insurance carriers because they are not usually chosen by the patient and therefore “in-network” status is not a consideration. The same holds true for assisting radiologists (the physician reading and interpreting your images) and pathologists (one who checks organs, tissues and bodily fluids).

Many, though not all health insurance policies, have a clause within the policy that pays “in-network” rates for “uncontrollable” out-of-network providers, meaning you can’t control who comes in to perform the service. The RAP (Radiologist – Anesthesiologist – Pathologist) Clause within many health insurance policy descriptions may also be called the PARE (Pathologist – Anesthesiologist – Radiologist – Emergency Providers) Clause. Under the PARE clause, you may be additionally covered for emergency services and trauma providers as in the case of life-threatening injuries resulting from an accident.

If your surgeon and hospital facility are in-network, and your surgeon has received pre-approval under your health insurance plan, you have every reason to expect you are within policy coverage. If an “uncontrollable out-of-network provider” bills your health insurance company before your insurance carrier has received your hospital bill, your insurer will probably decline or pay their bill at out-of-network rates. In this case, it is important that you file an appeal under the RAP or PARE clause with your insurance provider and immediately notify the “uncontrollable provider” that an appeal has been filed.

Experienced Accident Attorneys Helping You

An experienced personal injury attorney will negotiate to secure a full release before settlement is made. The attorneys of Ward & Ward, Charlie Ward and Don Ward, have over 80 years of combined experience in dealing with personal injury and wrongful death claims. We understand personal injury law and stay on top of Court decisions to successfully resolve our client’s legal claims.

Call Charlie Ward today for a free consultation at 317-639-9501.

Charlie Ward

Underinsured Defendant in Auto Accident Cannot Diminish Financial Responsibility Owed “Careful” Plaintiff – Your Auto, Motorcycle and Trucking Accident Indiana Attorney

At fault driver may not benefit from injured driver’s policyCall Charlie Ward at 317-639-9501

On September 20, 2012, The Indiana Court of Appeals held that the party at-fault to an auto accident cannot benefit from Plaintiff’s purchase of uninsured/underinsured coverage and acceptance of underinsured motorist benefit compensation.

When the trial court jury found the Defendant, Alan Steady, 100% at-fault for injuries sustained by Ronald Kern in an auto accident, a judgment in the amount of $98,000 was entered against the Defendant. Plaintiff Kern received policy limits of defendant’s minimal legal coverage of $25,000 by Steady’s insurance company. Kern also received $68,000 in underinsured motorist benefits from his own insurance company, State Farm, as well as $5,000 in medical payment coverage. Steady then asked the Court that the $98,000 judgment against him be deemed fully satisfied and the trial court granted his request.

State Farm then appealed to the higher court for the right to recover from Defendant the amount of $68,000 in funds they paid their client in underinsured motorist benefits and $5,000 in medical payment benefits. Defendant claimed State Farm was not a party to the lawsuit when judgment was entered against him. But the Court of Appeals citing Indiana Code section 27-7-5-6(a) confirmed that State Farm had standing to appeal as follows:

“The insurer shall be subrogated, to the extent of such payment, to the proceeds of any settlement or judgment that may later result from the exercise of any rights of recovery of such person against any person or organization legally responsible for said bodily injury or death, or property damage, for which payment is made by the insurer. Such insurer may enforce such rights in its own name or in the name of the person to whom payment has been made, as in their interest may appear, by proper action in any court of competent jurisdiction.”

On the merits of the case, the appellate court cited once again Indiana Code section 27-7-5-6(a) which provides a right of recovery by the insurer against a third-party tortfeasor and that the insurer “…shall then be subrogated to the proceeds of any settlement or judgment that results.”

The Court concluded that the trial court erred:

“Steady is not entitled to benefit from Kern’s carefulness and assiduousness in obtaining underinsured motorist coverage.”

 The case was reversed and remanded back to the trial court for further proceedings.

Lawyers with Experience Helping their Injured Clients

The law firm of Ward & Ward has over 85 years of combined experience in complex personal injury claims. If you’ve been injured in an auto, motorcycle or trucking accident, call an experienced personal injury attorney. Call Charlie Ward at 317-639-9501 for a free analysis of your claim.

By Charlie Ward

[email protected]

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501