In Indiana, the driver who causes an accident is responsible for the ensuing damages. Recovering compensation is fairly straightforward if the other driver is entirely at fault. You can file a claim with their insurance company to cover medical bills, vehicle repairs and other losses. However, things get a bit complicated when both drivers contribute to the crash.
Understanding how the law works if you shared fault for an accident is crucial to protecting yourself and ensuring you receive what you need to get back on your feet.
Indiana’s comparative negligence rules
If you played a role in a crash, you can only file a claim against the other driver if you were 50% or less at fault. In other words, you cannot recover compensation from the other party if you were 51% or more to blame.
Additionally, your compensation will be reduced based on your share of responsibility. For instance, if you’re found to be 30% at fault, your total damages will be reduced by 30%. Consequently, the other driver, who is 70% at fault, cannot seek damages from you because they exceed the 50% fault threshold.
Why shared fault claims are tricky
Shared fault claims require a careful examination of how the accident occurred. This means looking into each driver’s actions in the lead-up to the crash to determine their degree of fault. Insurance companies don’t always get it right, and you may be assigned a higher percentage of responsibility than you deserve.
This underscores the importance of legal guidance. Working with someone well-versed in Indiana’s personal injury laws can help you challenge an unfair fault assignment and build a strong case to increase the likelihood of a fair outcome.
