After being in an auto accident in Indiana, you may have a lot of questions, including whether you have to go through your own insurance or whether the other driver is responsible for paying for damages. The answer is, Indiana is not a no-fault state. Instead, it employs a traditional fault-based approach, meaning the driver who caused the crash (and their insurer) is held liable for the harm caused.
This distinction shapes everything from how you pursue compensation to how insurance companies evaluate your claim. In this post, we’ll break down what that means for you, how fault is determined, and how Indiana’s comparative fault rules could affect your ability to recover damages.
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How Indiana Car Accident Laws Work
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Unlike no-fault states, where your own insurance steps in to cover property damage, your medical bills, and lost wages regardless of who caused the crash, Indiana’s system places responsibility on the driver who acted carelessly and violated the rules of the road.
If another driver caused the crash, you can file a claim against their insurance policy. If you were at fault, you’ll likely face a claim against your own liability coverage. In some cases, legal action may also be necessary to recover the full amount owed.
This system means that determining who caused the accident is one of the most important steps following a collision.
Determining Fault in an Indiana Car Accident
Assigning fault is not always straightforward, and multiple sources of evidence often come into play. These may include:
- Police reports summarizing the officer’s assessment of what happened.
- Witness statements that clarify who had the right of way or who may have been distracted.
- Photographs and physical evidence from the scene, such as damage patterns or debris placement.
- Surveillance or traffic camera video, which can show traffic violations in real time.
- Expert opinions, especially when an accident reconstruction is needed.
If there’s a dispute, a judge and/or jury may weigh the evidence and make the final decision on who was actually responsible.
Understanding Legal Negligence in an Indiana Car Accident Claim
The foundation of any personal injury lawsuit is proving that the other party acted negligently. In legal terms, negligence refers to a failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.
Four components must be proven in an Indiana negligence claim:
To win your case, all four must be demonstrated through clear and convincing evidence.
Modified Comparative Fault in Indiana Car Crash Cases
Indiana follows the modified comparative fault law, also known as the 51% rule. Under this legal doctrine, if you are found to be greater than 50% at fault, you are barred from recovering anything.
If you are 50% or less at fault, you can still recover damages, but your compensation is reduced proportionally to your share of fault.
This system adds another layer to your case — proving the other driver’s fault and defending your own.
Types of Car Crash Compensation You Can Claim in Indiana
If you’re hurt in a car crash in Indiana, you may be entitled to damages that cover both your financial and emotional losses. These can include:
- Medical treatment costs: ER visits, surgeries, rehab, and follow-up care.
- Income losses: Wages missed due to time off or reduced ability to work.
- Property damage: Costs of repairing or replacing your vehicle.
- Non-economic harm: Pain, emotional trauma, and loss of enjoyment of life.
- Future expenses: Long-term care or ongoing therapy needs.
A detailed record of your injuries, expenses, and losses will be crucial in calculating the fair amount of compensation you should receive.
What Liability Insurance Covers in Indiana
Indiana law requires all drivers to carry a minimum level of liability insurance to pay for harm they may cause others in a crash. These minimums are:
While these numbers may meet legal standards, they likely do not cover the full costs of a serious crash. Many drivers opt for higher coverage to protect against financial exposure.
How Insurance Uses the Comparative Fault Rule
Insurance adjusters apply Indiana’s comparative fault system when deciding how much to offer in a settlement. Their goal is to pay you as little as possible, so they’ll often try to assign a portion of the blame to you, even if the facts say otherwise.
Insurers may:
- Challenge your version of events
- Point to conflicting statements
- Downplay your injuries
- Claim your injuries are pre-existing
- Claim that your actions contributed to the crash
Even if the insurer agrees to settle, they usually offer less than your claim is worth based on their fault assessment. That’s why it’s important to have experienced legal counsel when dealing with insurers. Our car accident attorneys will use their advanced knowledge and legal skills to fight to get you the most money possible for your claims.
Steps to Take After an Indiana Crash
The moments after an accident can be disorienting, but the steps you take can make a significant difference in your ability to recover damages:
- Report the crash to the police and request a copy of the report.
- See a doctor, even if you feel fine at the time.
- Gather names and contact info for witnesses and other drivers.
- Take photos or videos of the vehicles, injuries, and the surrounding area.
- Avoid discussing fault with anyone on the scene.
- Contact a car accident attorney as soon as possible to protect your rights.
Acting quickly can help preserve evidence and prevent mistakes that hurt your claim.
Why Legal Help Is Critical in Car Accident Cases
Trying to handle an injury claim alone can be overwhelming — especially when you're recovering from physical or emotional trauma. Insurance companies use trained professionals to minimize payouts. You deserve someone in your corner.
At CohenMalad, LLP, our team has 300+ years of combined experience, advocating for injured drivers and passengers throughout Indiana. We understand how to build strong cases, push back against low offers, and pursue full compensation for your injuries and losses.
Bottom Line
Indiana’s fault-based system means that proving who caused the crash is central to your case. It also means that the amount of money you get could be reduced, or denied entirely, if you’re found to be mostly at fault. That’s why proving liability and understanding how fault is shared under Indiana law is essential to any car accident claim.
If you’ve been hurt in a crash, the Indiana car accident attorneys at CohenMalad, LLP are ready to help. Get in touch with us now. We'll review your case, gather the evidence you need, and fight for the compensation you deserve.
Know Your Rights After a Car Crash in Indiana. Call Us.
Not sure who pays for your injuries? Have a lot of questions? Get honest answers and hear how we can fight for the compensation you deserve.
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