Indiana operates under a fault-based system for car accident claims. This means that the driver who caused the accident is legally responsible for compensating those who were injured as a result. Unlike no-fault states, where each driver’s own insurance covers their injuries regardless of who caused the crash, Indiana places the financial burden on the at-fault party.
In practice, this means that an injured driver in Indiana typically files a claim against the at-fault driver’s liability insurance rather than their own policy. The at-fault driver’s insurer evaluates the claim, investigates the accident, and determines what compensation to offer.
How Fault Is Determined
Fault in an Indiana car accident is determined by the facts of the crash. Evidence used to establish fault typically includes:
- The police accident report and any citations issued at the scene
- Photographs of vehicle damage, road conditions, and the accident location
- Witness statements from bystanders or other drivers
- Traffic or surveillance camera footage when available
- Vehicle black box data documenting speed and braking before impact
Insurance adjusters conduct their own investigations and make their own fault determinations, which do not always align with the police report or the injured driver’s account.
Indiana’s Modified Comparative Fault Rule
Indiana follows a modified comparative fault system. Under this framework, an injured person who bears some responsibility for the accident can still recover damages, but the amount recovered is reduced by their percentage of fault. However, if the injured person is found to be 51 percent or more at fault, they are barred from recovering anything.
This rule has significant practical implications. Cases handled by an Indianapolis car accident lawyer frequently involve insurers who attempt to assign a percentage of fault to the injured driver to reduce the payout, even when the other driver was clearly the primary cause of the crash.
How the Fault System Affects Insurance Claims
Filing a Third-Party Claim
When the other driver is at fault, the injured person files a claim against that driver’s liability insurance. The insurer is not required to accept the injured person’s account of what happened. It will conduct its own investigation and may dispute fault, injury severity, or the connection between the accident and the claimed losses.
The at-fault driver’s insurer represents the interests of its policyholder, not the injured person. Accepting a quick settlement offer from that insurer without legal advice often means accepting far less than the claim is worth.
Uninsured and Underinsured Coverage
If the at-fault driver has no insurance or insufficient coverage to cover the full extent of the injuries, the injured driver may be able to access their own uninsured or underinsured motorist coverage. Indiana law requires insurers to offer this coverage, though drivers may reject it in writing.
Pavlack Law, LLC represents car accident victims in Indianapolis and throughout Indiana, working through the fault system and insurance process to pursue full and fair compensation for each client.
What to Do After a Car Accident in Indianapolis
Preserving evidence, documenting injuries, and avoiding recorded statements to the opposing insurer are all steps that protect the value of a fault-based claim. Speaking with an Indianapolis car accident lawyer before giving any statement to the other driver’s insurer gives your claim the strongest possible foundation. Our team is ready to help.
“The team at Pavlack Law, LLC, LLC was professional, loyal, and hardworking from beginning to end. Even when I didn’t know if I had a case, they were extremely helpful and demonstrated their expertise from our first consultation all the way through trial.”
“Eric Pavlack and his associates are a great legal team! Anytime I had questions they were always very helpful and got back to me right away. Throughout the whole process they made sure I was comfortable moving forward with each step. I recommend Pavlack Law, LLC, LLC to anyone looking for legal representation.”
“Attorney Pavlack has represented me and my family for years in various cases including Title Insurance, Wills, General Legal Matters and Social Security. He is always efficient and willing to work around our busy schedules. Highly recommended.”
