Explore average injury payouts made to actual Indiana car accident victims. Find cases similar to yours.

Nearly 39,000 non-fatal injuries and 900 deaths occurred on Indiana roadways in one year.¹

Indiana is a traditional fault or “tort” state for auto accident claims. This means when you or a family member are hurt in a crash, you have the right to pursue compensation from the at-fault parties.

The average car accident settlement in Indiana for a moderate injury claim is $38,960. Average payouts range from $4,757 for minor injuries to $206,900 for severe injuries.

Average Indiana Car Accident Settlement Amounts

We analyzed a group of Indiana lawsuits filed by plaintiffs injured in vehicle accidents. Most plaintiffs received a jury award while a few settled their case before trial.

This group includes two severe injury cases with payouts of $21,000,000 and $32,500,000. These extreme jury awards were excluded from the averages to avoid skewing the results unrealistically high.

Average Payout by Severity of Injury
Minor Injury	$4,757
Moderate Injury	$38,960
Severe Injury	$206,900
Payout Range by Severity of Injury
Minor Injury	$229 - $12,500
Moderate Injury	$21,849 - $78,500
Severe Injury	$90,000 - $525,000

Types of Motor Vehicle Accidents

Side-impact collisions are the most common type of traffic accident, followed by rear-end crashes in most states.²

Average Side-Impact Collision Settlements
Minor Injury	$4,708
Moderate Injury	$39,364
Severe Injury	$250,571
Average Rear-End Accident Settlements
Minor Injury	$4,813
Moderate Injury	$38,600
Severe Injury	$190,000

Types of Car Accident Injuries

Neck and back injuries are the most common injuries from all kinds of vehicle accidents, followed by head injuries.

Serious crash victims typically suffer more than one type of injury. Personal injury payouts are meant to cover all the victim’s damages, including the pain and suffering associated with bodily injuries.

Average Neck and Back Injury Settlements
Minor Injury	$5,009
Moderate Injury	$36,704
Severe Injury	$177,714
Average Head Injury Settlements
Minor Injury	$10,000
Moderate Injury	$31,771
Severe Injury	$495,000

How Car Accident Settlements Are Calculated

Car accident settlement amounts depend largely on the severity of injuries. Insurance companies, attorneys, and courtroom juries first look at the scope of injuries and related medical bills, then evaluate lost wages, out-of-pocket expenses, and an amount to compensate for pain and suffering.

Because Indiana is a traditional fault or “tort” state, you can seek payment for all your damages from the at-fault driver. This differs from no-fault states that require victims to first rely on their own insurance for mild to moderate injury claims.

In Indiana, you can seek full injury compensation, even for mild to moderate claims. An easy way to estimate the value of a minor to moderate injury claim is the “multiple method.”

The multiple method starts by adding up your economic damages, like medical bills, lost wages, and out-of-pocket expenses. Then add one to three times that amount to account for your non-economic damages, commonly called pain and suffering.

A multiple of one is reasonable when you spent a few days on the couch with a heating pad after the accident. A multiple of two or three can be justified when your injuries interfered with your daily living for several weeks or months. For example, when a broken leg kept you from shoveling snow or sledding with your kids all winter.

For severe injury claims you’ll need a personal injury attorney to get a fair payout. Your attorney will compile expert documentation to prove the scope and severity of your injuries, future medical costs, loss of potential income, and the significant suffering that arises from severe and permanent injuries.

Other factors that influence injury payouts in Indiana:

• Shared Fault – Indiana is a 51 percent comparative fault state. This means you are barred from making a claim if you are 51 percent or more to blame for your injuries.
• Auto Policy Limits – Vehicle owners in Indiana must carry insurance liability limits of at least $25,000 per person/$50,000 per accident for bodily injury, and $25,000 for property damage.
• Multiple Claimants – When two or more people are severely injured in the same collision, there may not be enough liability coverage to fully compensate all injured parties.
• Uninsured Motorist Coverage – Insurers are required to sell policies in Indiana with uninsured motorist coverage (UM) and underinsured motorist coverage (UIM) equal to the policy’s liability limits. The policyholder has the right to reject UM coverage in writing.
• Commercial Policies – Insurance policies for commercial vehicles like tractor-trailers, buses, and construction vehicles carry higher liability limits than personal auto policies. This can mean much higher payouts for serious injuries.
• Punitive Damages – Indiana caps punitive damage awards at the higher of three times the compensatory award, or $50,000.

Frequently Asked Questions

Minor Injury Case Examples

Minor car accident injuries are typically soft-tissue injuries, like cuts, bruises, and muscle sprains and strains. Most of these types of minor injuries will fully heal within a month. Victims may lose a few days of work due to stiffness and discomfort.

Passenger Gets Small Award from Host Driver

Type of Injury: Thigh injuries-soft tissue
Type of Accident: Side Impact
Award/Settlement Amount: $229
Case Summary: Plaintiff alleged that the vehicle in which he was a passenger was struck by a vehicle driven by defendant. Plaintiff contended that he sustained soft tissue injuries to his right thigh. Plaintiff sued defendant, alleging her negligent driving caused the collision. Defendant denied liability. She offered an affirmative defense that the non-party driver was the responsible party. The jury returned a plaintiff verdict and awarded him $1,251.36. However, the jury agreed with defendant’s assertion that the non-party bore 90% of the fault and assigned only 10% of the fault to defendant. Judge added $104 in court costs increasing the total award to $229.13.
Location: Floyd County, Indiana
Case Name and Docket Number: Wilson v. Ecker, 22C01-0205-CT-283

Passengers Share Fault for Neck and Back Injuries

Type of Injury: Neck, back and shoulder injuries
Type of Accident: Rear-end
Award/Settlement Amount: $450
Case Summary: Plaintiffs alleged that they were passengers in a vehicle driven by defendant. Plaintiffs claimed that defendant dropped his lit cigarette and lost control of the vehicle while trying to recover it. The vehicle ran into a concrete bridge abutment. Both Plaintiffs reported neck, back and shoulder injuries and headaches. Plaintiffs filed a lawsuit together against defendant, alleging that he was negligent. Defendant admitted that he lost control of the vehicle, but he denied any negligence. Jury found for Plaintiffs but determined that both plaintiffs were 25% at fault and defendant 75% at fault. They awarded each plaintiff $600, which was then reduced to $450 due to fault apportionment.
Location: Marion County, Indiana
Case Name and Docket Number: Toney v. Hafley, 49C01-9811-CT-2622

Shared Fault for Pre-Existing Neck and Shoulder Injuries

Type of Injury: Back injury-Cervical Strain; Shoulder strain
Type of Accident: Side Impact
Award/Settlement Amount: $900
Case Summary: Plaintiff alleged that her vehicle was struck broadside by defendant’s vehicle as the defendant exited a private drive onto a public roadway. The plaintiff contended that she suffered cervical and shoulder strains as a result of the collision. Plaintiff claimed that the defendant operated her vehicle in a negligent manner, failed to keep a proper lookout, exited the driveway when it was unsafe to do so, and failed to yield the right-of-way. Defendant denied liability, disputed the extent of the plaintiff’s injuries, and contended that they were pre-existing from a previous motor vehicle accident. Plaintiff was found to be 10 percent negligent, and her award was reduced to $900.
Location: Clay County, Indiana
Case Name and Docket Number: Coakley v. Dito, 11C01-9909-CT-0275

Small Jury Award for Alleged Spinal Injury in Rear-End Crash

Type of Injury: Spinal injuries
Type of Accident: Rear-end
Award/Settlement Amount: $1,620
Case Summary: Plaintiff alleged that she was driving northbound when the driver of an emergency vehicle leading a funeral procession directed her to pull over to allow the procession to cross her path. Plaintiff claimed that her vehicle was struck by vehicle driven by defendant at the intersection. Plaintiff reportedly suffered a spinal injury from the collision. Plaintiff sued defendant alleging that he failed to maintain control of his vehicle, to operate his vehicle at a safe speed, to look out for other traffic and to yield to an emergency vehicle. Defendant acknowledged the accident in his answer, but denied that he had been negligent. Jury returned a Plaintiff verdict.
Location: Marion County, Indiana
Case Name and Docket Number: Ryerson v. Oman, 49D03-0401-CT-000043; 49D06-0205-CT-000885

Award for Parking Lot Rear-End Accident

Type of Injury: Neck and shoulder injuries
Type of Accident: Rear-end
Award/Settlement Amount: $1,868
Case Summary: Plaintiff alleged that she was driving out of a store parking lot near an intersection when defendant rear-ended her. Plaintiff reportedly sustained neck and shoulder injuries in the accident. Plaintiff sued defendant, alleging that defendant drove negligently and caused the accident that resulted in her injuries. She sought damages for pain and suffering, medical expenses, mental anguish, and lost income. Defendant denied the allegations in her answer. However, defendant reportedly admitted fault for the collision in an amended answer. Left with only the question of the nature and extent of Plaintiff’s injuries, jury returned its verdict in plaintiff’s favor and awarded her $1,868 in damages.
Location: Marion County, Indiana
Case Name and Docket Number: Boyce v. Baker, 49D05-0207-CT-000989

Defendant Fully Liable Despite Allegations of Shared Fault

Type of Injury: Back injury-lumbar strain
Type of Accident: Side Impact
Award/Settlement Amount: $3,400
Case Summary: Plaintiff alleged that she was operating her vehicle and upon reaching an intersection, a vehicle operated by Defendant collided with her vehicle. Plaintiff claimed that she suffered back injuries from the accident. Plaintiff sued defendant asserting that defendant’s driving was careless and negligent. Plaintiff claimed that she suffered severe physical injuries, pain and mental anguish, emotional distress, medical expenses and loss of earning capacity as a result of the accident. Defendant denied liability and contended that any injuries allegedly sustained by Plaintiff were due to Plaintiff’s own contributory negligence or the result of a sudden emergency for which she could not be held liable. Jury returned a Plaintiff verdict.
Location: Marion County, Indiana
Case Name and Docket Number: Schaller v. Wagstaff, 49D11-0205-CT-000879/ 49D13-0204-CT-000630

Neck Injury Award from Rear-End Collision

Type of Injury: Back injuries-cervical strain
Type of Accident: Rear-end
Award/Settlement Amount: $3,500
Case Summary: Plaintiff alleged that she was driving her vehicle when she was struck by defendant’s vehicle from the rear at an intersection. Plaintiff reportedly suffered cervical strain injuries from the accident. Plaintiff filed a lawsuit against defendant alleging he caused the accident by driving negligently. She sought damages for past and future medical expenses, physical pain, and mental suffering. Defendant admitted liability but contested the Plaintiff’s claimed injuries. The only issue remaining for the jury trial was that of the extent and nature of Plaintiff’s injuries. A jury returned its verdict in favor of plaintiff and awarded her $3,500.
Location: Floyd County, Indiana
Case Name and Docket Number: Parker v. Whitaker, 22D01-0401-CT31

Parking Lot Side-Impact Crash Injuries

Type of Injury: Neck, shoulder, arm, side and hip injuries
Type of Accident: Side Impact
Award/Settlement Amount: $4,304
Case Summary: Plaintiff reportedly was operating her vehicle in a parking lot when defendant’s vehicle collided with hers. Plaintiff contended that the collision caused her pain and suffering, medical expenses, lost income and injuries to her left neck, shoulder, arm, side and hip. Plaintiff sued defendant, alleging defendant negligently exited her vehicle from a parking spot and into the side of plaintiff’s vehicle. Defendant refuted the charges against her and asserted any damages plaintiff incurred were due to her own carelessness. Jury found defendant was 80% at fault for the collision, and plaintiff was 20% responsible. Jurors calculated plaintiff’s total damages to be $5,380.44 which reduced accordingly per fault apportionment.
Location: Marion County, Indiana
Case Name and Docket Number: Barnett v. Williams, 49D03-0101-CT-000014

Two Plaintiffs Injured by Stop Sign Runner

Type of Injury: Back, neck, shoulder and knee injuries
Type of Accident: Side Impact
Award/Settlement Amount: $4,606
Case Summary: Plaintiffs alleged that a collision ensured between his vehicle and a vehicle operated by defendant. Plaintiffs contended that defendant failed to stop for a stop sign at an intersection and failed to yield for oncoming traffic. Plaintiff 1 contended that he suffered injuries to his neck, back, left shoulder and left knee. Plaintiff 2, being the owner of the vehicle being driven by plaintiff 1 asserted economic loss due to property damage. Defendant denied all allegations of negligence. The jury found defendant 100 percent at fault for the accident. Jury members awarded Plaintiff 1 $3,394 in damages and Plaintiff 2 $4,606.
Location: Hamilton County, Indiana
Case Name and Docket Number: Wyatt v. Crays, 29C01-0406-CT-769

Motorcyclist Shared Fault for Broken Leg

Type of Injury: Broken leg
Type of Accident: Side Impact
Award/Settlement Amount: $5,371
Case Summary: Plaintiff claimed he was operating his motorcycle and traveling southbound when defendant allegedly drove his vehicle out of a parking lot and in front of in front of the Plaintiff. Plaintiff reported struggled to control his motorcycle to avoid a collision and that his foot struck the pavement as a result. Plaintiff claimed he suffered a broken leg. Plaintiff filed suit against defendant alleging that defendant was negligent. Defendant denied any liability or wrongdoing. The jury assigned 60% of the fault to defendant and 40% to plaintiff. Jury awarded plaintiff $8,951.09 in damages. Judge entered judgment in accord with the verdict with costs assigned to the defendant.
Location: Marion County, Indiana
Case Name and Docket Number: Dunigan v. Hilgert, 49D04-0010-CT-001566

Herniated Cervical Disc from Rear-End Collision

Type of Injury: Back injury-Herniated Disc
Type of Accident: Rear-end
Award/Settlement Amount: $6,251
Case Summary: Plaintiff’s vehicle was reportedly rear-ended by a vehicle operated by Defendant. Plaintiff claimed that she sustained a C5-6-disc herniation as a result of the collision. Plaintiff sued defendant claiming he negligently caused the accident by failing to keep a lookout and break in time to prevent the accident. Defendant denied liability and claimed any injuries sustained by plaintiff were due to her own negligence. Defendant asserted that he was entitled to set-off any judgment awarded against him the amount he might receive from third parties. Jury returned a plaintiff verdict, awarding her $6,250.86. Judge entered judgment in accord with the verdict, and also awarded Plaintiff court costs
Location: Marion County, Indiana
Case Name and Docket Number: Gray v. Baumann, 49D01-0206-CT-000978

Bad Faith Case Over Torn Shoulder Ligament

Type of Injury: Shoulder injury-torn ligament
Type of Accident: Side Impact
Award/Settlement Amount: $6,355
Case Summary: The Plaintiff alleged that he was involved in a motor vehicle accident with a non-party vehicle. The Plaintiff alleged that he suffered a torn ligament in the shoulder as a result of the accident. The plaintiff filed a complaint against his Insurer contending that the defendant issued a policy of insurance under which he was entitled to uninsured / underinsured motorist coverage, and that it failed to honor the provisions of that policy. The defendant admitted liability but disputed the nature and extent of the plaintiff’s alleged injuries. The jury found in favor of the Plaintiff.
Location: Lake County, Indiana
Case Name and Docket Number: Perez v. Allstate Insurance , 45D01-0705-PL-52

Defendant Denies Negligence for Rear-End Collison

Type of Injury: Back injury-lumbar/cervical strain
Type of Accident: Rear-end
Award/Settlement Amount: $10,000
Case Summary: Plaintiff alleged that she was a front-seat passenger in her own vehicle, which was being driven by her mother. Plaintiff’s mother was allegedly stopped at a stop signal at an intersection when her vehicle was rear-ended by a vehicle owned and operated by defendant. Plaintiff alleged that she suffered lumbar and cervical strains from the collision. Defendant was reportedly cited for violating state laws for failing to stop his vehicle within a safe distance of traffic at a stop signal. Defendant admitted that an accident occurred, but denied that he was negligent. Jury returned a verdict for plaintiff.
Location: Marion County, Indiana
Case Name and Docket Number: Pridemore v. O’Connor, 49D02-9912-CT-001629

Jury Award for Head, Neck, and Back Injuries

Type of Injury: Head, neck, and back-spine injuries
Type of Accident: Rear-end
Award/Settlement Amount: $10,000
Case Summary: Plaintiff alleged she was operating her vehicle and had stopped at an intersection to wait for the vehicle ahead of her to make a left turn. Plaintiff further stated that while she waited, defendant rear-ended her in his pickup truck, shoving her forward into the vehicle ahead of her. Plaintiff reportedly sustained an injury to her spine in the accident and subsequently suffered pain in her head, neck, and back. Plaintiff sued defendant, alleging he drove negligently and carelessly and caused the accident. Defendant generally denied the allegations. A jury heard the evidence and returned a verdict in favor of Plaintiff. The jury awarded her $10,000 in damages.
Location: Lake County, Indiana
Case Name and Docket Number: Bolton v. Stojanaski, 45D10-0401-CT-00012

Neck Strain Caused by Improper Left Turn

Type of Injury: Back injury-cervical strain
Type of Accident: Side Impact
Award/Settlement Amount: $12,500
Case Summary: Plaintiff alleged that she was involved in a motor vehicle accident while operating her vehicle. Plaintiff claimed Defendant struck the front driver’s side of her vehicle while he was turning left at an intersection. Plaintiff contended that she suffered a cervical strain as a result of the accident. Plaintiff sued defendant contending that defendant was negligent in the operation of his motor vehicle. Plaintiff further claimed that defendant failed to keep a proper lookout and failed to exercise reasonable care to avoid the collision. Defendant denied liability and asserted that Plaintiff’s damages were caused by or contributed to by her own negligence. Jury returned a Plaintiff verdict.
Location: Marion County, Indiana
Case Name and Docket Number: Petty v. Miles, 49D03-0108-CT-001224

Moderate Injury Case Examples

Moderate accident injuries include more extensive soft-tissue injuries, slipped or herniated discs, whiplash, simple fractures, and moderate concussions. Some moderate injuries leave lingering effects. Victims may be out of work for weeks or months, depending on the physical requirement of their employment.

Passenger Injured in Side-Impact Collision

Type of Injury: Neck injuries
Type of Accident: Side Impact
Award/Settlement Amount: $21,849
Case Summary: Plaintiff alleged the she was a passenger in a motor vehicle that was hit by a vehicle operated by defendant. Plaintiff claimed she sustained neck injuries as a result of the collision. Plaintiff sued defendant for negligence, alleging that defendant negligently operated her vehicle, thus causing her injuries. In her answer, defendant admitted that plaintiff was a passenger in a vehicle that came in contact with her vehicle, but denied the allegations of negligence. Defendant argued that the negligent acts and/or omissions of third parties caused plaintiff’s damages in whole or in part. Jury returned a verdict for plaintiff and awarded her $21,849.00 in damages.
Location: Floyd County, Indiana
Case Name and Docket Number: Lowry v. Cherry, 22C01-0305-CT-002583

High-Impact Rear Crash Causes Victim’s Head to Shatter Window

Type of Injury: Head, neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $22,500
Case Summary: Plaintiff alleged that he was driving his vehicle on his way home from a hunting trip. Plaintiff claimed that as he slowed down to wait for a vehicle ahead to turn left near an intersection, defendant’s vehicle rear-ended him. The impact of the collision reportedly caused Plaintiff’s head to shatter the rear cab window of his vehicle, resulting in a concussion and neck and back injuries. Plaintiff sued defendant alleging defendant negligently drove into him. He sought damages for pain and injury, lost wages, and medical expenses. Defendant denied he was negligent or that he caused the accident. Jury returned a Plaintiff verdict.
Location: Lake County, Indiana
Case Name and Docket Number: Rivera v. Bakker, 45D10-0404-CT-00079

Defendant Fully Liable for Victim’s Back Injuries

Type of Injury: Back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $24,000
Case Summary: Plaintiff alleged that he was operating his vehicle and came to a halt at a stop sign when he was struck from the rear by a vehicle driven by defendant and owned by co-defendant. Plaintiff contented that he sustained back injuries from the collision. Plaintiff sued defendants for negligence. Defendants admitted the location and direction of travel, and also admitted contact occurred between the two vehicles. However, the defendants denied negligence. Instead, they asserted plaintiff was also at fault, and that he should be barred from recovery. Jury returned a verdict for the plaintiff. Jurors found defendant was 100 percent at fault.
Location: Lake County, Indiana
Case Name and Docket Number: Durham v. Bentley, 45D11-0103-CT-0128

Scarred Woman Shared Fault for Facial Injuries

Type of Injury: Face Injuries-Facial Scarring/lacerations
Type of Accident: Side Impact
Award/Settlement Amount: $25,645
Case Summary: The Plaintiff alleged that she was involved in a motor vehicle accident with a non-party vehicle. The Plaintiff alleged that she suffered a facial laceration that required stitches and resulted in permanent scarring as a result of the accident. The plaintiff contended that the defendant issued a policy of insurance under which he was entitled to uninsured / underinsured motorist coverage, and that it failed to honor the provisions of that policy. The defendant admitted liability but disputed the nature and extent of the plaintiff’s injuries. The plaintiff was found to be 25 percent negligent, and her award was reduced to $25,645.
Location: Hamilton County, Indiana
Case Name and Docket Number: Parsons v. State Farm, 29C01-9910-CT-0689

Red Light Runner T-bones Crash Victim

Type of Injury: Back, right arm, shoulder and neck injuries
Type of Accident: Side Impact
Award/Settlement Amount: $31,784
Case Summary: Plaintiff alleged that he was driving eastbound when he was struck in the middle of the intersection by defendant’s vehicle. Plaintiff contended that defendant ran a red light and caused the accident. Plaintiff reportedly sustained injuries to his right arm, shoulder, back and neck. Plaintiff filed a lawsuit against defendant, alleging that defendant failed to yield the right-of-way, failed to keep a lookout for other vehicles, or abide traffic laws. Defendant admitted the accident occurred, but denied that he ran a red light. Defendant further asserted that Plaintiff bore contributory fault for the accident, and failed to mitigate his damages. Jury returned a verdict in favor of plaintiff.
Location: Marion County, Indiana
Case Name and Docket Number: Henley v. Jarvis, 49C01-9806-CP-001147

Bad Faith Case for Bulging Disc and Torn Shoulder Ligament

Type of Injury: Back injury-bulging disc; Shoulder injury-torn ligament
Type of Accident: Side Impact
Award/Settlement Amount: $34,000
Case Summary: The Plaintiff alleged that he was involved in a motor vehicle accident with a non-party vehicle. The Plaintiff allegedly suffered cervical disc bulges and a torn ligament in his shoulder as a result of the collision. The plaintiff filed a complaint against his Insurer contending that the defendant issued a policy of insurance under which he was entitled to uninsured / underinsured motorist coverage, and that it failed to honor the provisions of that policy. The defendant admitted liability but disputed the nature and extent of the plaintiff’s alleged injuries. The jury found in favor of the Plaintiff.
Location: Marion County, Indiana
Case Name and Docket Number: James v. State Farm, 49D02-0505-CT-17012

Aggravated Neck Strain from Two Different Crashes

Type of Injury: Back injury-Cervical Strain; Aggravated Neck Strain
Type of Accident: Rear-end
Award/Settlement Amount: $36,500
Case Summary: Plaintiff claimed that she was involved in two separate motor vehicle accidents. In the first accident, the vehicle in which the plaintiff was a passenger, operated by the female co-defendant, was struck broadside by the female defendant’s vehicle at a controlled intersection. In the second accident, the plaintiff’s vehicle was struck from the rear by the female third-named defendant’s vehicle while she was stopped for traffic. Plaintiff contended that she suffered a cervical strain and an aggravation of a pre-existing cervical strain. Plaintiff claimed that the defendant drivers operated their vehicles in a negligent manner. The defendants denied liability. Jury returned a Plaintiff verdict.
Location: Hamilton County, Indiana
Case Name and Docket Number: Vigus v. Halioris, 29D03-0010-0736

Pedestrian Sufferers Concussion, Neck and Back Strain

Type of Injury: Head injury-Concussion; back injuries-cervical and lumbar strains
Type of Accident: Pedestrian
Award/Settlement Amount: $37,115
Case Summary: Plaintiff said he was at a scene of a car accident and a responding ambulance driver asked him to direct traffic when defendant struck him. Plaintiff reportedly suffered a concussion, lumbar and cervical strains. Plaintiff sued defendant, alleging she negligently failed to slow down for emergency crews and failed to yield the right-of-way to him, even though he was a pedestrian. Defendant denied liability asserting that Plaintiff bore some fault for his damages. The jury concluded that Plaintiff bore 35% of the fault and defendant 65%. Having determined Plaintiff’s total damages to be $57,100, the jury reduced the award to $37,115 in accordance with the fault apportionment.
Location: Marion County, Indiana
Case Name and Docket Number: Martin v. Overstreet, 49D12-0209-CT-001604

Bad Faith Case for Costs of Aggravated Disc Damage

Type of Injury: Back injury-Aggravated Disc Damage
Type of Accident: Side Impact
Award/Settlement Amount: $37,500
Case Summary: The Plaintiff alleged that she was involved in a motor vehicle accident with a non-party vehicle. The Plaintiff alleged that she suffered an aggravation of pre-existing degenerative disc disease as a result of the accident. The plaintiff filed a complaint against her insurer contending that the defendant issued a policy of insurance under which he was entitled to uninsured / underinsured motorist coverage, and that it failed to honor the provisions of that policy. The defendant denied liability and disputed the nature and extent of the plaintiff’s claimed injuries. Jury found in favor of the Plaintiff.
Location: Clark County, Indiana
Case Name and Docket Number: Mcmurry v. American Family, 10D01-0011-CT-0223

Injured Passenger Sues Host Driver for Causing Crash

Type of Injury: Back injuries
Type of Accident: Side Impact
Award/Settlement Amount: $40,000
Case Summary: Plaintiff alleged that the vehicle, in which she was a passenger and driven by defendant, was involved in a motor vehicle accident. Plaintiff contended that the Defendant drove negligently and caused the vehicle to crash. Plaintiff claimed that she sustained lower back injuries as a result of the collision. Plaintiff sued defendant asserting that the defendant was negligent in failing to avoid the collision. Defendant denied the allegations. Parties agreed to a $25,000 setoff if a jury were to award $250,000 or less. Jurors returned a verdict in favor of plaintiff, awarding $65,000 for damages. The $65,000 award was reduced to $40,000 pursuant to the parties’ stipulation on setoff.
Location: Monroe County, Indiana
Case Name and Docket Number: Pleasant v. Phillips, 53C01-1006-CT-01550

Liable Driver Failed to Yield Right of Way Exiting Parking Lot

Type of Injury: Back injuries-back stiffness; Headaches; aching neck; right shoulder pain
Type of Accident: Side Impact
Award/Settlement Amount: $40,000
Case Summary: Plaintiff alleged that Defendant failed to yield the right-of-way as she exited a parking lot and collided into Plaintiff’s vehicle, causing an accident. Plaintiff said he sustained multiple injuries, including headaches and right shoulder pain, as well as damage to his vehicle, upon impact. Following the accident, Plaintiff sued Defendants asserting that the defendant driver operated her vehicle in a careless and negligent manner. Plaintiff sought damages from the defendants as compensation for his personal injuries, property damage, pain, suffering, mental anguish, medical expenses and inability to pursue his usual activities. The defendants denied all allegations. Jury returned a Plaintiff verdict.
Location: Lake County, Indiana
Case Name and Docket Number: Mann v. Pociecha, 45D11-0408-CT-178

Plaintiff Sues Own Insurer for Underinsured Motorist Claim

Type of Injury: Knee Injury-Cartilage
Type of Accident: Side Impact
Award/Settlement Amount: $45,000
Case Summary: The Plaintiff alleged that he was involved in a motor vehicle accident with a non-party vehicle. The Plaintiff alleged that he suffered a torn meniscus in his knee and multiple contusions and abrasions as a result of the accident. The plaintiff settled with the non-party tortfeasor for her $25,000 policy limits. The plaintiff sued his Insurer contending that the defendant issued a policy of insurance under which he was entitled to uninsured / underinsured motorist coverage, and that it failed to honor the provisions of that policy. The defendant admitted liability but disputed the extent of the plaintiff’s injuries.
Location: Sullivan County, Indiana
Case Name and Docket Number: Metzker v. Allstate Insurance, 77D01-0106-CP-0194

Woman Suffers Dislocated Jaw, Four Fractured Teeth

Type of Injury: Head injuries-Dislocated jaw and four fractured teeth; Neck injury
Type of Accident: Rear-end
Award/Settlement Amount: $50,000
Case Summary: Plaintiff alleged that she stopped in an intersection to turn left as she drove westbound when defendant rear-ended her and pushed her into another vehicle in front of her. Plaintiff reported numerous injuries resulting from the accident, including four fractured teeth, a dislocated jaw, neck injuries, chest injuries, and left shoulder and right leg pain. Plaintiff sued defendant alleging that he was negligent by failing to avoid colliding with her. Defendant denied the allegations. By the time the final jury instructions were drafted, defendant reportedly admitted that he was at fault for the accident. The jury returned a verdict in favor of the plaintiff.
Location: Marion County, Indiana
Case Name and Docket Number: Meyer v. Stuart, 49D07-0012-CT-1821

Bad Faith Lawsuit on Behalf of Six-Year-Old Boy

Type of Injury: Leg Injuries-Multiple contusions and abrasions
Type of Accident: Rear-end
Award/Settlement Amount: $60,000
Case Summary: The Plaintiff, a 6-year-old male alleged that he was involved in a motor vehicle accident when the vehicle in which he was a passenger was struck from the rear by a non-party vehicle. The Plaintiff alleged that he suffered multiple contusions and abrasions as a result of the accident. The plaintiff, through guardianship, sued his Insurer contending that the defendant issued a policy of insurance under which he was entitled to uninsured / underinsured motorist coverage, and that it failed to honor the provisions of that policy. The defendant admitted liability but disputed the extent of the plaintiff’s injuries. Parties later reached settlement.
Location: Lake County, Indiana
Case Name and Docket Number: Baldwin v. State Farm, 45D10-0107-CT-260

Award for Neck and Back Injuries from Improper Left Turn

Type of Injury: Back-cervical spine and neck injuries
Type of Accident: Side Impact
Award/Settlement Amount: $78,500
Case Summary: Plaintiff alleged that as he drove his car southbound the defendant who was headed northbound attempted to make a left turn at a stoplight, and hit the left front fender of the Plaintiff’s vehicle. Plaintiff reportedly suffered injuries to his thoracic and cervical spine in the accident. Plaintiff sued defendant, alleging she drove carelessly and negligent and caused the collision. Defendant denied the allegations in her answer. A jury heard the evidence and returned its verdict in favor of the plaintiff The jury awarded plaintiff $78,500. The Judge entered judgment in plaintiff’s favor and ordered the defendant to pay court costs.
Location: Lake County, Indiana
Case Name and Docket Number: Dahm v. Kirmani, 45D11-0207-CT-00172

Severe Injury Case Examples

Severe car accident injuries can result in physical or cognitive disability. Most severe injury victims sustain multiple injuries, including brain damage, internal damage, spinal cord damage, and complicated fractures. Some victims require a lifetime of medical care.

Jury Award for Significant Rear-End Whiplash Injury

Type of Injury: Neck injury, whiplash
Type of Accident: Rear-end
Award/Settlement Amount: $90,000
Case Summary: Plaintiff alleged that she was driving his vehicle when she sustained a rear-end collision with the vehicle driven by defendant. Plaintiff reportedly sustained whiplash injuries. Plaintiff sued defendant, alleging that he negligently drove his vehicle into hers. Plaintiff sought damages for medical expenses, lost wages, the inability to function as a whole person, permanent physical injury, pain and suffering, and emotional distress. Plaintiff’s husband joined as a plaintiff, seeking an award for loss of consortium. Plaintiff denied negligence in his response. The jury found defendant 100% at fault for the accident. The jury returned a verdict for Plaintiff, awarding her $90,000. Judge entered judgment in accord with the verdict.
Location: Floyd County, Indiana
Case Name and Docket Number: Pask v. Hayes, 22C01-0309-CT-447

Truck Driver and Employer Liable for Trailer Breaking Loose

Type of Injury: Neck and back injuries
Type of Accident: Loose Trailers
Award/Settlement Amount: $100,000
Case Summary: Plaintiff alleged that she was involved in a collision caused by a truck that was being driven by defendant in the course of her employment with co-defendant. Plaintiff contended that defendant attached road sign trailers to a truck and then drove the truck and trailers, causing three of the road sign trailers to come loose and travel into the path of Plaintiff’s vehicle. Plaintiff reportedly sustained injuries to her neck and back from the collision. Plaintiff sued defendants alleging negligence. Defendants admitted to negligence claim but disputed the extent of Plaintiff’s damages. Jurors returned a verdict for the plaintiff against the defendants, awarding the plaintiff $100,000 for damages.
Location: Rush County, Indiana
Case Name and Docket Number: Ferguson v. Martin, 70C01-0709-CT-201

Plaintiff Sues Her Own Insurer for Injury Costs

Type of Injury: Back injury-Herniated Disc
Type of Accident: Side Impact
Award/Settlement Amount: $100,000
Case Summary: The Plaintiff alleged that she was involved in a motor vehicle accident with a non-party vehicle. The Plaintiff alleged that she suffered cervical and lumbar disc herniation as a result of the accident. The plaintiff filed a complaint against her Insurer contending that the defendant issued a policy of insurance under which she was entitled to uninsured / underinsured motorist coverage, and that it failed to honor the provisions of that policy. The defendant admitted liability but disputed the nature and extent of the plaintiff’s alleged injuries. The jury found in favor of the Plaintiff.
Location: Hendricks County, Indiana
Case Name and Docket Number: Maher v. State Farm, 32C01-0512-CT-31

Broken Leg from Truck Collision with Bicycle

Type of Injury: Leg injury-Broken tibia
Type of Accident: Side Impact
Award/Settlement Amount: $100,000
Case Summary: Plaintiff reportedly was riding his bicycle when he was hit by the Defendant’s truck. Plaintiff claimed that he suffered a broken tibia in the collision. Plaintiff sued defendant, alleging defendant negligently drove his vehicle into him. He sought damages for past and future medical expenses, lost wages, and other special expenses. Plaintiff admitted that the collision occurred, but denied he drove negligently. Parties later settled the damages payable to plaintiff. Case proceeded to trial on percentage of fault. Jury assigning 100% of the fault to defendant. Judge awarded plaintiff $100,00 in accordance with the total damage amount reportedly agreed upon by the parties prior to the trial, plus costs.
Location: Marion County, Indiana
Case Name and Docket Number: Mack v. Barger, 49D07-0410-CT-0002005

Head-On Crash Award for Back Injury, Consortium Damages

Type of Injury: Back injuries
Type of Accident: Head-on
Award/Settlement Amount: $125,000
Case Summary: Plaintiff alleged that she was driving her vehicle when she was struck head-on by Defendant’s vehicle. Plaintiff stated that she suffered injuries to her lower back. Plaintiff filed a lawsuit against defendant, alleging that she was careless and negligent in that she failed to control her vehicle and failed to avoid the collision. Plaintiff specified damages for past and future medical expenses, pain and discomfort and loss of income in the past and future. Plaintiff’s husband claimed damages for past and future lost services of his wife. Defendant denied liability. Jury assigned 100% of the fault to defendant and returned a verdict for the plaintiff.
Location: Marion County, Indiana
Case Name and Docket Number: Bledsoe v. Walker, 49C01-0112-CT-002951

Drunk Driver Liable for Victim’s Back and Neck Injuries

Type of Injury: Neck and back injuries
Type of Accident: Side Impact
Award/Settlement Amount: $160,000
Case Summary: Plaintiff alleged that he was driving his vehicle when another vehicle driven by defendant collided with his vehicle. Plaintiff claimed that defendant was subsequently charged with operating a vehicle while intoxicated. Plaintiff claimed to have suffered neck and back injuries. Plaintiff sued defendant, alleging that his negligence, carelessness and recklessness caused the accident. Plaintiff sought damages for his injuries, including past and future medical expenses, lost wages, and mental and physical pain and discomfort. Defendant admitted that his actions caused the accident and that plaintiff subsequently incurred medical expenses but denied the extent of Plaintiff’s claimed injuries. Jury found in favor of the Plaintiff.
Location: Floyd County, Indiana
Case Name and Docket Number: Bird v. Veatch, 22C01-0305-CT-00241

Passenger Sues for Underinsured Motorist Coverage

Type of Injury: Leg Injuries-Multiple contusions and abrasions
Type of Accident: Side Impact
Award/Settlement Amount: $200,000
Case Summary: Plaintiff alleged that the vehicle in which she was a passenger was involved in an accident with a non-party vehicle. The Plaintiff alleged that she suffered a torn meniscus in her left knee and multiple contusions and abrasions, with right leg numbness. Plaintiff contended that defendant issued a policy of insurance under which he was entitled to uninsured / underinsured motorist coverage, and that it failed to honor the provisions of that policy. Defendant denied liability, disputed the plaintiff’s injuries, and contended that the plaintiff had previously recovered $100,000 against the operator of the non-party vehicle, which should have been adequate compensation. Jury returned a Plaintiff verdict.
Location: Lake County, Indiana
Case Name and Docket Number: Tussey v. Liberty Mutual, 45D11-0903-CT-00054

Bad Faith Case Against Insurer Disputing Victim Injuries

Type of Injury: Back injury-Herniated Disc at C6-7
Type of Accident: Side Impact
Award/Settlement Amount: $204,000
Case Summary: Plaintiff, a 50-year-old male, claimed that he was involved in a motor vehicle accident with a non-party vehicle. The Plaintiff allegedly suffered a C6-7-disc herniation as a result of the collision. The plaintiff filed a complaint against his Insurer contending that the defendant issued a policy of insurance under which he was entitled to uninsured / underinsured motorist coverage, and that it failed to honor the provisions of that policy. The defendant denied liability, disputed the extent of the plaintiff’s injuries, and contended that they were degenerative in nature. Jury found in favor of the Plaintiff.
Location: Monroe County, Indiana
Case Name and Docket Number: Walls v. State Farm, 53C05-9912-CP-1747

Bad Faith UM/UIM Case Award to Impaired Victim

Type of Injury: Back injury-Cervical Strain; Head injury-eye contusion and headaches; Shoulder strain
Type of Accident: Side Impact
Award/Settlement Amount: $465,000
Case Summary: Plaintiff claimed that he was involved in a motor vehicle accident with a non-party vehicle. The Plaintiff reportedly suffered headaches, cervical and shoulder strains, an eye contusion, and emotional distress which resulted in an 8% permanent impairment to the whole body as a result of the collision. The plaintiff contended that the defendant issued a policy of insurance under which she was entitled to uninsured / underinsured motorist coverage, and that it failed to honor the provisions of that policy. The defendant admitted liability but disputed the extent of the plaintiff’s injuries. Jury returned a verdict in favor of the Plaintiff.
Location: Marion County, Indiana
Case Name and Docket Number: Holdbrook v. Great Northern, 49D10-0303-CT-567

Passenger Suffers Permanent Traumatic Brain Damage

Type of Injury: Head Injury-Permanent Traumatic Brain Damage
Type of Accident: Side Impact
Award/Settlement Amount: $525,000
Case Summary: Plaintiff reportedly was involved in a motor vehicle accident when the vehicle, in which he was a passenger, collided with another vehicle. Plaintiff reportedly suffered a permanent traumatic brain injury and emotional distress as a result of the accident. Plaintiff claimed through his guardians against the driver and owner of the vehicle he was riding in at the time of the accident. Plaintiff contended that defendant’s negligent and careless driving had caused the subject collision. Plaintiff further asserted that Co-defendant had negligently entrusted her vehicle to defendant and/or was vicariously liable. The defendants disputed the claims. Jury returned a Plaintiff verdict.
Location: Wabash County, Indiana
Case Name and Docket Number: Ami v. Trump, 85C01-1212-CT-01045

Drunk Driving Leaves Passenger Paralyzed From Neck Down

Type of Injury: Quadriplegia
Type of Accident: Side Impact
Award/Settlement Amount: $21,000,000
Case Summary: Plaintiff reportedly was involved in a motor vehicle accident caused when defendant, then driving a vehicle with Plaintiff as a passenger, failed to make a turn and struck a tree. The plaintiff reportedly suffered a permanent quadriplegic injury that prevented him from future work and that caused him emotional distress. Plaintiff sued defendant for negligence. Defendant admitted to negligence and to driving while intoxicated but disputed the apportionment of liability. Jury found that Plaintiff had sustained $35,000,000 in damages but apportioned fault 35% to Plaintiff, 60% to defendant and 5% to the restaurant/bar that sold alcohol to defendant. Plaintiff’s and award reduced to $21,000,000 due to fault apportionment.
Location: Marion County, Indiana
Case Name and Docket Number: Smith v. Clayton, 49D14-1606-CT-021431

Brain-Damaged Passenger Requires 24-Hour Lifelong Care

Type of Injury: Head Injury-Permanent Brain Damage
Type of Accident: Side Impact
Award/Settlement Amount: $32,500,000
Case Summary: Plaintiff reportedly was involved in a motor vehicle accident when the vehicle in which she was a passenger, being operated by defendant, collided with a semi-truck and trailer, owned by Co-defendant. The Plaintiff reportedly suffered permanent brain damage and a month-long coma that resulted in her needing 24-hour care. Plaintiff, through guardianship, alleged that the Truck’s driver had lost control of his truck and negligently failed to turn on his truck flashers. The defendants disputed the plaintiff’s assertions. The jury awarded Plaintiff $32,500,000 in damages and apportioned fault for causing her injuries: 30 percent to Co-defendant, 30 percent to defendant, and 40 percent to Truck’s driver.
Location: Lake County, Indiana
Case Name and Docket Number: Zak v. Hunt Transport, 45D11-0610-CT-000190

Methodology

We analyzed a group of actual lawsuits filed in Indiana courts by injured car accident victims. All plaintiffs in the sample group received a jury award or settled the case before trial.

Several cases are bad-faith lawsuits against the plaintiff’s own insurance company, filed when the policyholder alleged the insurance company would not make a fair payment of uninsured or underinsured motorist coverage.

In cases with more than one plaintiff, the “Award/Settlement Amount” reflects the highest payout to an individual plaintiff. Award amounts also reflect any reductions made because of the plaintiff’s shared fault for the accident.