Is Indiana a No-Fault State?

Indiana does not follow “no-fault” rules in car accidents. Instead, the state follows a fault-based system in which injured parties file claims against the at-fault driver’s liability auto insurance coverage. To recover damages, you must prove that the at-fault driver’s negligence caused the car crash and your injuries.

To protect your rights after a car accident in a fault-based state like Indiana, you should speak with an experienced personal injury attorney about your case. When you work with Truitt Law Offices, an attorney can identify the party that caused your accident and gather evidence supporting your claim for fair compensation.

How Is Fault Determined in a Car Wreck?

Determining fault in an Indiana car wreck involves your lawyer gathering various items of evidence that could include all or some of the following:

• Police reports – A copy of the police report is often required to file an auto insurance claim. The insurer wants to see the fault determination made by the responding officer. Your lawyer can also use a copy of this report to identify additional evidence to collect.
• Eyewitness statements – Eyewitnesses may be able to provide additional evidence about how the crash occurred or back up your version of events.
• Accident scene evidence – Photographs of the accident scene can show the damage to the vehicles, road conditions, and other details, like skid marks
• Traffic/dashboard camera footage – If a traffic or dashboard camera caught video of the collision, that footage can serve as powerful evidence.
• Expert analysis – Crash reconstruction specialists can testify about the collision’s cause, and medical professionals can testify about the extent and severity of your injuries.

What Is the Comparative Negligence Rule?

Indiana’s comparative negligence rule reduces a plaintiff’s awarded compensation according to their assigned percentage of fault. For example, if you were 20 percent at fault for the car accident that caused your injuries, your compensation could be reduced by 20 percent.

Indiana follows the 51% rule. This comparative fault rule bars plaintiffs from recovering any compensation if they are 51% or more at fault for the accident. Although the law applies only to cases that go to a trial, insurance companies use it to make settlement offers. For instance, if an insurer thinks you are 30% at fault, they may offer 70% of what you demand in a car accident claim.

What Is the Definition of Negligence?

Establishing negligence after a car accident involves proving four key elements: duty, breach, causation, and damages. Proving these elements is an essential part of any successful car accident or other type of personal injury case:

• Duty – You must show that the at-fault party had a legal obligation to act in a way that doesn’t put others at risk of harm, such as showing that they had a duty to obey the rules of the road.
• Breach – Next, you must show that the at-fault party breached their legal duty, such as by providing evidence of them breaking the law by texting while driving.
• Causation – Then, you must show that the at-fault party’s breach of duty caused the accident and your injuries. An example would be showing video footage of them blowing through a red light and colliding with you.
• Damages – You must provide evidence that you suffered losses because of the at-fault party’s actions. Damages are compensation for the losses arising from your injuries or property damage.

What Happens If the Person at Fault in the Car Accident Has No Insurance?

In most car accident cases in Indiana, the at-fault driver will have at least some liability insurance. The state requires that all drivers have insurance covering at least the following:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $25,000 per accident for property damage.

However, if the at-fault driver doesn’t have liability insurance or if their insurance doesn’t fully cover your losses, you can still seek compensation by filing an uninsured or underinsured motorist claim with your own insurance company.

You can reject purchasing this coverage. However, all Indiana auto insurance policies must come with the following additional coverage by default:

• Uninsured motorist bodily injury coverage of $25,000 per person and $50,000 per accident
• Uninsured motorist property damage coverage of $25,000
• Underinsured motorist bodily injury coverage of $50,000.

How Long Do You Have to File a Personal Injury Lawsuit After a Car Accident in Indiana?

Indiana’s statute of limitations gives car accident victims two years from their injury date to file lawsuits against the parties that contributed to their injuries. If you do not file your car accident lawsuit within this period, the courts will prevent you from seeking compensation through the legal system.

What Compensation Could You Seek in a Car Accident Lawsuit?

The types of compensation you could seek in a motor vehicle accident claim may include:

• Medical expenses – Past and future medical treatments, surgeries, physical therapy, medical devices, and more related to your car accident injuries
• Property damage – Lost and damaged property caused by the accident
• Lost wages – Lost income and loss of earning capacity caused by the impact your injuries have on your ability to work
• Pain and suffering – Physical pain and emotional suffering, including chronic pain conditions, anxiety, and post-traumatic stress disorder (PTSD), which is related to the accident
• Loss of consortium – The impact of your injuries on your marital relationship.

How Can an Experienced Car Accident Attorney Help Me?

An Indiana car accident lawyer can help with your car accident claim by handling everything for you while you recover from your injuries. Your lawyer can provide legal services such as:

• Investigating the accident to identify the at-fault party or parties
• Gathering supporting evidence
• Calculating your damages
• Drafting your demand letter
• Negotiating with the insurance companies
• Taking your case to trial if necessary.

Contact an Indiana Car Accident Lawyer

When you need a personal injury lawyer who cares, you need Truitt Law Offices. We have over 40 years of legal experience and a track record of pursuing maximum results for auto accident victims. We focus solely on personal injury cases and have deep knowledge of insurance company defense strategies that we can use to your advantage.

Contact our team today for a free consultation with an experienced and knowledgeable car accident lawyer. We’ll show you why we have 100+ five-star reviews on Google and a reputation for doing right by our clients.

Visit Our Indiana Car Accident Injury Law Offices