In Indiana, an injured party can seek compensation for their accident by proving fault and filing an insurance claim with the other party involved. Depending on the type of damages that arose from the car crash, your claim can provide financial help for your medical bills, loss of wages, vehicle repairs and/or emotional distress.
How does Indiana’s fault-based system work?
The state follows the modified comparative fault system for personal injury cases. Using this principle, individuals have the right to file a claim against the other driver even if they were partially at fault for the car accident. However, their compensation amount will be reduced by their percentage of liability.
For example, you were following the other driver too closely, which was found to be a 45% act liability for the crash. This means that the maximum amount you can receive is 55% of your total damages.
How can I determine fault in my accident?
To make your case, you and/or a car accident lawyer must prove that the other party was at fault for the car crash. There are four key elements to this process:
- The other party owed you a duty of care
- The other party breached this duty
- The other party’s act of negligence has caused you to be injured
- Your injury was a result of the other driver’s act of negligence
After you determine fault and file your claim, you can either get your case resolved through negotiation and settlement with the other party involved — or file a formal complaint with the court and go to trial to seek fair compensation for your damages.
You can fight for your rights
Recovering from your crash while trying to file a claim on your own can feel overwhelming. However, by gaining insight into Indiana’s car accident laws and understanding how you can protect your rights, you can pursue the compensation that you deserve.