How Does Indiana’s Comparative Fault Law Affect My Car Accident Claim?

Experiencing a car accident can be devastating, not only physically but also emotionally and financially. When injuries are involved, the stakes become even higher, with medical expenses, lost wages, and ongoing treatment complicating your road to recovery. If you’ve been involved in a car accident in Indianapolis or elsewhere in Indiana, understanding the state’s comparative fault law is crucial.

How much you can recover often hinges upon who is determined to be at fault and to what degree. Here, we’ll explore how Indiana’s comparative fault law might influence your accident claim and what you can do to maximize your potential compensation.

Comparative Fault Rule in Indiana

Indiana follows a modified comparative fault legal doctrine. Under this law, the responsibility for an accident can be shared among the parties involved. Instead of attributing 100% blame to a single driver, comparative fault assesses each driver’s contribution to the accident and assigns a percentage of fault accordingly. This percentage directly impacts the amount of compensation you are entitled to receive.

In practical terms, if you were injured in an accident and found to be partially at fault, your financial recovery would be reduced by your assigned fault percentage. For example, if your damages amount to $100,000 and you are determined to be 20% at fault, your total compensation would be reduced by $20,000, leaving you eligible to recover $80,000.

The 51% Rule: A Critical Threshold

The “modified” aspect of Indiana’s comparative fault system is a built-in threshold. This rule states that if your percentage of fault is greater than 50% you are not eligible to receive any compensation. This threshold makes it incredibly important to determine fault percentages accurately. Even a slight miscalculation could potentially eliminate your ability to recover damages entirely.

Because of this critical limitation, insurance companies and defense attorneys will often vigorously attempt to increase your percentage of fault, minimizing their payout obligations. This makes having an experienced Indianapolis automobile accident attorney crucial in protecting your rights and securing a fair settlement.

Determining Fault: Evidence Matters

Determining fault accurately involves reviewing multiple sources of evidence. Police reports, witness statements, accident reconstruction analyses, photographs of the scene, video surveillance, and expert testimony can all be crucial components in establishing the exact details of the accident. Indiana courts and insurance adjusters will closely examine this evidence to determine the degree of fault attributed to each driver involved.

Insurance companies are well-known for using any ambiguity or lack of clarity in the evidence to shift more fault onto the claimant. Having an attorney experienced in car accident claims can ensure the evidence is effectively presented, interpreted correctly, and used strategically to advocate for your best interests.

How to Protect Your Claim Under Comparative Fault

To protect your claim and maximize your chances of receiving fair compensation, it’s vital to act swiftly and carefully following an accident. Immediately after an accident, seek medical attention, even if you feel fine initially. Some injuries may not manifest immediately, and having medical documentation of your injuries is essential for your claim.

Additionally, avoid making statements that could inadvertently indicate fault or partial responsibility. Statements like “I didn’t see them” or “I might have been distracted” could be twisted by insurance companies to assign greater blame to you. It’s important to communicate clearly, factually, and cautiously about the circumstances of the accident.

Hiring a seasoned Indianapolis automobile accident attorney early in the process can be extremely beneficial. Your attorney will handle communications with insurance companies, gather necessary evidence, negotiate with insurers, and, if necessary, take your claim to court to fight for your rights.

Why Legal Representation Matters

Navigating Indiana’s comparative fault law can be intricate, and insurance companies are adept at exploiting these complexities to their advantage. Your attorney will be familiar with these tactics and experienced in countering them effectively. They can help you accurately determine fault percentages, gather persuasive evidence, and present a strong case to ensure you receive the compensation you deserve.

Legal representation not only increases the likelihood of a favorable outcome but also reduces the stress and burden on you during an already challenging time. With someone advocating aggressively for your interests, you can focus more fully on your physical and emotional recovery.

Contact Lee Cossell & Feagley

If you or a loved one has been injured in a car accident in Indianapolis or surrounding areas, navigating Indiana’s comparative fault laws can be complex. At Lee Cossell & Feagley, LLP, our experienced legal team is dedicated to ensuring you understand your rights and secure the full compensation you are entitled to receive.

Contact us today for a consultation to discuss your case and learn how we can support you on your road to recovery.