1. Can I recover compensation if I was partly at fault for an Indiana car crash?
Yes. Indiana uses a modified comparative fault system, which can allow an injured person to recover compensation even when that person shares some responsibility for a crash. Your compensation is reduced according to your percentage of fault. For example, if your damages are $100,000 and you are 20% at fault, your potential recovery becomes $80,000.
2. What happens if I am 51% at fault for an Indiana car crash?
In a typical two-party Indiana car crash case, being 51% at fault can prevent you from recovering any compensation. Indiana Code § 34-51-2-6 generally bars recovery when a claimant’s fault is greater than the fault of everyone the claimant is seeking damages from. At 50% fault in a two-party case, you can still potentially recover 50% of your damages. That extra percentage point can therefore make an enormous difference.
3. Can an insurance adjuster decide how much I was at fault?
An insurance adjuster can assign a percentage of fault while evaluating your claim, but the adjuster’s opinion is not necessarily the final word. Fault can be disputed using evidence from the collision. Police reports, witness statements, scene photographs, dash-camera footage, vehicle data, and crash reconstruction evidence may help establish what actually happened. An insurance company’s allegation that you were speeding, distracted, or otherwise negligent does not automatically make that allegation true.
4. Can saying “I’m sorry” after an Indiana car crash be used against me?
An apology or other careless statement can potentially create an argument about whether you accepted some responsibility for the crash. People sometimes apologize instinctively after an accident, even when they did nothing wrong. After a collision, stay calm and cooperate with law enforcement, but avoid guessing about what happened or unnecessarily accepting blame. Let the available evidence establish how the collision occurred and who was responsible.
5. What should I do if the insurance company says I was partly responsible for my crash?
Do not assume the insurance company’s fault percentage is automatically correct. Preserve photographs, videos, witness information, the police report, dash-camera footage, insurance communications, and other evidence related to the collision. You should also be cautious about recorded statements or speculation concerning details you cannot clearly remember. An Indiana injury lawyer can review the evidence and challenge an unsupported attempt to shift responsibility onto you.
