Indiana Car Theft: Court Denied Indiana Car Driver, Kevin Whitledge, Auto Accident Claim While Resisting Car Snatchers


 

1.0  How An Appellate Court Denied Kevin Whitledge Auto Accident Claim In The State of Indiana, America?

 

1.1       On 20th day of May 1992, was a day of double jeopardy for Kevin Whitledge, an Indiana Car Driver, when the three panels of justices, namely, Chief Judge Ratliff, Justice Baker, and Justice Sullivan at the Court of Appeals of Indiana, First District, in a unanimous judgment further denied him auto accident claim expected to be accruable from his insurance company, West American Insurance Company (WAIC), despite car accident bodily injury he sustained while resisting set of car snatchers in the State of Indiana.

 

1.2       It was gathered that the legal suit initiated by Kevin Whitledge in the trial court before Justice Thomas Lockyear sitting in the Vanderburgh County Superior Court in Indiana to impose an auto accident claim on West American Insurance Company (WAIC) had failed to yield the expected results which necessitated a review in the Court of Appeals of Indiana, First District.

 

1.3       While making his final pronouncement on the auto accident claim in the Court of Appeals, the Presiding Judge, Chief Judge Ratliff was reported to have ruled that West American Insurance Company (WAIC) had issued an auto policy on the vehicle which injured Kevin Whitledge.

 

1.4       Furthermore, Chief Judge Ratliff, Justice Baker, and Justice Sullivan were reported to have concluded that Kevin Whitledge was not entitled to an auto accident claim because the vehicle which injured him was an insured vehicle and the trial court did not make legal mistakes in denying uninsured motorist claim to him.

 

Question: 

What Is An Auto Accident Claim In The Automobile Industry In The United State Of America?  

 

Answer: 

(a) Auto accident claim is an official request initiated by an automobile policyholder for compensation from a car insurance company for monetary reward for property damage and the treatment of a bodily injury sustained by an accident victim in a car accident.

 

(b) Auto accident claim is a formal notice to a car insurance company that an automobile policyholder has suffered a loss, either bodily injury or damaged property that he believed entitles him to compensation.

 

(c) In the context of an auto accident claim, a car insurance company is expected to be liable to indemnify an automobile policyholder provided the nature of the incidence has been covered in the automobile insurance policy.

 

(d) In some situations, most especially when an automobile policyholder is at fault in a car accident, an auto accident claim is usually initiated by car accident victims, who may either be a passenger or other car driver, for monetary compensation against the automobile policy of at-fault driver before his or her car insurance company.

 

(e) In this situation, an automobile policyholder whose auto accident claim has been made has some responsibilities to discharge to his or her insurance company.

 

(f) An automobile policyholder has a responsibility to disclose detailed information to his or her car insurance company concerning a car accident with other car drivers which may eventually result in auto accident claims being initiated by those other parties.

 

(g) In addition to an auto accident claim, while disclosing a car accident report to his or her car insurance company, the automobile policyholder is expected to provide the facts of the car accident, and he or she should not admit accident fault, even if he or she has been suspected to have contributed to the car accident.

 

(h) The major essence of this is to enable a car insurance company to prepare ahead for timely car accident investigation and immediate auto accident claim reimbursement to the car accident victim.

          

(i) In practice, car insurance companies mostly in the United State of America, often carry out auto accident claim investigations to determine the validity of such claims.

 

(j) Those investigations procedures assist car insurance companies to make informed decisions about how to proceed with auto accident claims.

 

(k) Furthermore, auto accident claim investigations are strategies being adopted by car insurance companies to fight some reported cases of false or inflated auto accident claims.

 

(l) Some examples of auto accident claims included car repairs, medical bills, lost income, and pain and suffering.

 

 

Indianapolis

Indianapolis

 

 

2.0       The Auto Policy Contract Among Kevin Whitledge, James Jordan, And West American Insurance Company

 

 

2.1       It was gathered that Mrs. Charlene Whitledge who resided in the State of Indiana was reported to have contacted West American Insurance Company (WAIC) for an acquisition of an auto policy for his motor vehicle.

 

2.2       At the end of the negotiation, she was noted to have bought an auto policy for her car from (WAIC). It was learned that she paid a car insurance premium to seal the insurance deal.

 

2.3       Furthermore, it was reported that she also acquired uninsured vehicle coverage for her car from (WAIC). Being a supplementary auto policy, a distinct premium was reported to have been paid for the additional uninsured vehicle coverage.

                      

2.4       It was reliably gathered that in the uninsured vehicle coverage provisions expressly excluded any family member from the list of the approved drivers under the auto policy.

 

2.5       Information revealed clearly that necessary insurance paper documents were signed between Mrs. Charlene Whitledge and (WAIC) in respect of the newly acquired auto policy and uninsured vehicle coverage.

auto-accident-claim

An Automobile Declaration Page

 

Question: 

What is an auto policy? Or What is an automobile liability policy? 

 Answer:  

(a) An auto policy is a contractual relationship between an insurance company and a car owner where the insurance company has agreed to pay for automobile property damage and bodily injury claim of a victim in the event of an accident caused by the car owner.

 

(b) For Example, Mr. Jackson purchases a state farm standard auto policy for his Toyota Car from State Farm in the United State of America. Before the expiration of the auto policy, Mr. Jackson had a collision with the Mitsubishi car of Mr. Benson which was said to be damaged. In the aforesaid road accident, Mr. Benson was hospitalized haven sustained bodily injuries.

 

(c) In the context of an auto policy, State Farm is expected to compensate Mr. Benson for his auto accident claim to include a damaged car and show responsibility for the bodily injury claim of Mr. Benson to include Medical Expenses, Pain and suffering, Prescriptions, Lost wages.

 

3.0          Uninsured Vehicle Coverage: How Car Snatchers Attacked Kevin Whitledge

 

3.1          It was learned that one of the sons of Mrs. Charlene Whitledge, namely Kevin Whitledge, was alleged of using the auto policy and uninsured vehicle coverage of her mother.

 

3.2          Kevin Whitledge was reported to have assumed that the uninsured vehicle coverage of her mother's vehicle protected him against any bodily injury he might sustain in the event of a car accident.

 

3.3          Sometimes in January 1989, Kevin Whitledge was reported to have parked his car in a popular car park close to his office.

 

3.4          On the misfortune day, Kevin Whitledge was reported to have observed clearly that two-car snatchers were making efforts to steal his vehicle parked at the aforesaid car park.

 

3.5          Instead of Kevin Whitledge calling the assistance of Indiana Police Men to arrest the two notorious car snatchers, he was reported to have summoned courage and confronted the gang stares.

 

3.6          The two notorious car snatchers were reported to have overpowered Kevin Whitledge in the survival of the fittest fight over the control of the aforesaid car.

 

3.7          In the course of struggling inside the car with those two car snatchers, Kevin Whitledge was said to have been entangled in the driver's shoulder harness by those notorious gang stares.

 

3.8       Unfortunately for Kevin Whitledge, he was trapped inside the car, and one of the car snatchers namely, James Jordan drove the aforesaid vehicle for some distances in the process, Kevin Whitledge was reported to have sustained severe bodily injury.

 

3.9          Relying on the uninsured vehicle coverage of her mother, Kevin Whitledge was said to have filed an auto accident claim before (WAIC) soliciting for an uninsured motorist claim in respect of bodily injuries he sustained while resisting those set of car snatchers from stealing his car.

 

3.10          A reliable source disclosed that (WAIC) denied Kevin Whitledge’s auto accident claim, and he was reported to have hired the services of car accident claim lawyers to institute a legal suit before Justice Thomas Lockyear who sat in the Vanderburgh County Superior Court in Indiana against (WAIC).

 

3.11        Unfortunately for Kevin Whitledge, the arguments adduced by those car accident claim lawyers were not enough to convince Justice Thomas Lockyear, and subsequently judgments were reported to have been given against him at the Vanderburgh County Superior Court.

 

3.12        Kevin Whitledge with his set of car accident claim lawyers was reported to have expressed discomfort with the rulings of Justice Thomas Lockyear, quoting several judicial errors in the judgment of the trial court.

 

3.13        After due consultations with other car accident claim lawyers, Kevin Whitledge was said to have filed an appeal in the Court of Appeals.

uninsured-vehicle-coverage

Indiana Car Snatchers

 

Question: What is Uninsured Vehicle Coverage?

 Answer: Click here to continue.

 

4.0       The Pleadings Of The Car Accident Claim Lawyers Hired By Kevin Whitledge And West American Insurance Company.

 

4.1       While the appeal was before the Court of Appeals of Indiana, Kevin Whitledge was reported to have hired the services of car accident claim lawyers in the United State of America to pursue his auto accident claim.

 

4.2       Among the car accident claim lawyers in the United State of America he hired their services included Thomas Lockyear, J. Matt Parmenter, Gerling Law Offices, P.C., Evansville.

 

4.3       The argument conversed by those car accident claim lawyers of Kevin Whitledge before the appellate court was that James Jordan was an uninsured motorist driving an uninsured vehicle that inflicted severe bodily injury on their client.

 

4.4       Furthermore, those car accidents claim lawyers pleaded before the court that he was entitled to an auto accident claim because James Jordan had no authorized permission to drive the vehicle which inflicted severe bodily injury on their client.

 

4.5       Conversely, (WAIC) was reported to have contacted some car accident claim lawyers to defend its positions before the Court of Appeals.

 

4.6       Findings revealed that (WAIC) hired the services of car accident claim lawyers that included Stephen Hensleigh Thomas, Brent A. Raibley, Statham, Johnson McCray, Evansville before the Court of Appeals.

 

4.7       Those car accidents claim lawyers claimed that (WAIC) had no insurance settlement or obligation to Kevin Whitledge concerning the bodily injuries he sustained while resisting James Jordan from stealing his vehicle.

 

4.8       The car accident claims lawyers hired by (WAIC) advocated that (WAIC) had already issued uninsured vehicle coverage to Mrs. Charlene Whitledge on the same motor vehicle which James Jordan drove to inflict bodily injury on Kevin Whitledge.

 

Question: 

Who Is A Car Accident Claim Lawyer, And What Are The Duties Of A Car Accident Claim Lawyer?

Answer: 

(a) A car accident claim lawyer is a licensed professional who practices insurance law in the United State of America. A car accident claim lawyer provides legal advice most especially in the area of auto accident claims where their clients are involved.

 

(b) A car accident claim lawyer also negotiates insurance settlements or litigates bad faith cases in court on behalf of their clients. A car accident claims lawyer guides policyholders on the prosecution of auto accident-related lawsuits, or legal rights and obligations.

 

(c) A car accident claim lawyer Interprets insurance laws most especially automobile statutes, rulings, and regulations for individuals and businesses. A car accident claim lawyer analyzes the probable outcomes of automobile-related cases, using knowledge of legal precedents.

car-accident-claim-lawyers

Car Accident Claim Lawyers

 

5.0       The Judgement Of The Court Of Appeals Of Indiana On Uninsured Vehicle Coverage

 

5.1       After entertaining the arguments of Kevin Whitledge and West American Insurance Company through their car accident claim lawyers, the three Panel of Justices namely Chief Judge Ratliff, Justice Baker, and Justice Sullivan ruled that they do not find that the trial court was erred in law while summary judgment was given in favor of (WAIC) to deny Kevin Whitledge coverage concerning uninsured motorist claim.

 

5.2       Those three Panels of Justices agreed with the car accident claim lawyers hired by (WAIC) that James Jordan was driving an insured motor vehicle that injured Kevin Whitledge.

 

5.3       It is only when James Jordan drives an uninsured vehicle, (WAIC) that could be liable to compensate Kevin Whitledge for the bodily injury he sustained.

 

Question: 

How To Purchase An Auto Policy Online In The United State Of America?

Answer: 

(a) To make the acquisition of auto policy easy and convenient in the United State of America, insurance companies in the country have set up online auto policy portal registration.

 

(b) Before the introduction of online auto policy portal registration, car policyholders in the United State of America have been hiring the services of car insurance agents.

 

(c) Those car insurance agents are licensed by insurance companies to sell an auto policy to prospective buyers of auto policy on their behalf in the United State of America.

 

(d) To buy an auto policy online, the following procedures are expected to be followed by car policyholders.

 

(i) Source For Auto Policy Quote Online: Car policyholders can purchase an auto policy online through the websites addresses of car insurance companies in the United State of America.

 

(ii) Make A Comparison of Auto Policy Quotes Online: Car policyholders are expected to make a reasonable comparison of prices of different auto policy quotes across different websites of car insurance companies.

 

(iii) Select A Suitable Auto Policy Coverage: After a reasonable comparison of auto policy quotes, car policyholders should be in better positions to select a suitable auto policy among the various coverage available on the websites of those insurance companies.

 

(iv) Make Online Payment For Auto Policy: Car policyholders are expected to make online payments which may be either through a credit card or bitcoin, etc.

 

(v) Print-Out Receipt Of Premium: Usually, insurance companies dispatched receipts of premiums to the email addresses of car policyholders.

how-to-buy-auto-policy-online

How To Buy Auto Policy Online

 

6.0       Editorial Opinions On Uninsured Vehicle Coverage

 

6.1        Automobile insurance industry in the United State of America is a type of business operation which is majorly regulated by the concept of Utmost Good Faith popularly called Ubberimae Fidei: parties in the insurance deal are expected to make full declarations of all material facts in the insurance proposal.

 

6.2        In the case under review, the fact states that (WAIC) had already excluded any family member of Mrs. Charlene Whitledge from the list of approved drivers under the uninsured vehicle coverage as stated in the car insurance proposal form.

 

6.3        In simplicity, the uninsured vehicle coverage of Mrs. Charlene Whitledge never made indemnity for bodily injuries sustained by Kevin Whitledge in any car accident.

 

6.4        The arguments adduced by the car accident claim lawyers of Kevin Whitledge cannot stand before the law because the uninsured vehicle coverage had excluded him from any monetary compensation.

 

6.5        From the legal point of view, Kevin Whitledge who is the son of Mrs. Charlene Whitledge remained excluded under uninsured vehicle coverage. He is not expected to reap where he did not soul.

 

6.6        Furthermore, (WAIC) could be liable to pay an auto accident claim if James Jordan drives an uninsured vehicle. But here, the reverse is the case.

 

7.0  Advice To Car Policyholders In America: The Concept Of Exclusivity Versus The Principle Of Indemnity

 

7.1  This section is designed to educate car insurance policyholders in the United State of America on the concept of exclusivity, and the principle of indemnity as it relates to the case of Kevin Whitledge, James Jordan, and West American Insurance Company.

 

7.2  For the purpose of clarification, the sole purpose of the principle of indemnity is to compensate a party for harm in connection with the other party's actions. The principle of indemnity shifts liability away from one party (car policyholder), and onto the indemnifying party (a car insurance company).

 

7.3  In the case under review, West America Insurance Company must indemnify Kevin Whitledge over his bodily injury provided that he was an insured driver in the auto policy. In this case, Kevin Whitledge had been excluded under the car insurance policy.

 

7.4  Prospective car policyholders in the United State of America are advised to be careful while filing the exclusion section of car insurance policies because no indemnity for an excluded driver.  

 

 

8.0       Readers’ Opinions - Post Your Comments

 

 

8.1    We appreciate the expressions of personal opinions of our readers below as it affects Kevin Whitledge, James Jordan, and West American Insurance Company.

 


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