Indiana’s roads can be unpredictable. One minute, you’re cruising; the next, you’re dealing with the aftermath of an accident. Even if you believe you weren’t entirely at fault, the insurance companies might sing a different tune. The stress mounts as you wonder if you can even pursue a claim.
Many Hoosiers face the same uncertainty after an accident, especially when insurance companies start assigning blame. It’s crucial to remember that even if you’re partially at fault, you might still have options.
Indiana’s modified comparative fault system: Your key to recovery
This is what you should know about pursuing a car accident claim in Indiana, even when you’re partially at fault.
Understanding Indiana’s “51% rule”
Indiana operates under a “modified comparative fault” system. This means you can still seek compensation even if you were partly responsible for the accident. The catch? Your fault can’t exceed 50%. If you’re found to be 51% or more at fault, you’re barred from recovering any damages. However, if your fault is 50% or less, you can still pursue a claim, although your compensation will be reduced in proportion to your percentage of fault.
The importance of proving the other driver’s fault
Even if you believe you were only slightly at fault, gathering evidence to prove the other driver’s negligence is vital. This might include police reports, witness statements, photos of the accident scene and any available video footage. The stronger your evidence, the better your chances of minimizing your percentage of fault and maximizing your compensation.
Don’t let insurance companies dictate your fate
Remember, insurance companies are in the business of protecting their bottom line. Their initial assessment of fault might not be accurate or fair. Don’t let their determination discourage you from seeking the compensation you deserve. Consult with an experienced personal injury attorney who can help you navigate Indiana’s complex legal system and fight for your rights.
While accidents are never ideal, understanding your rights under Indiana’s modified comparative fault system can empower you to pursue a claim, even if you were partially at fault.