If you contributed to an accident in Indiana, your degree of fault for the crash will impact your potential settlement. It does not necessarily mean you will be barred from recovering any compensation for the harm and losses you suffered, but it is a real possibility in some cases.
The Hoosier State follows a modified comparative fault rule when determining liability if multiple parties share responsibility for a crash. Here is what this means.
Indiana’s comparative negligence laws explained
If you share fault for a crash, you can only hold the other driver liable if your degree of responsibility is 50% or less. Any more than that, and you cannot recover compensation from the other driver’s insurance.
In addition, your level of responsibility will proportionally diminish the compensation due to you. For instance, if you were 40% to blame for the crash, you can only recover 60% of the damages you would have recovered if you played no part in the accident.
How is your degree of fault determined?
There is no single way of assessing or determining each driver’s level of responsibility after an accident. A lot goes into it, depending on the prevailing circumstances. Factors like traffic laws, eyewitness accounts, road conditions, weather and even statements from car accident reconstruction experts all go into evaluating fault for a crash.
It is also worth noting that you can dispute the degree of fault assigned to you by an insurer, given the far-reaching implications it may have on your claim.
Navigating a car accident claim where you shared fault can be complex due to the intricacies of determining proportional responsibility. Seeking qualified guidance can empower you to make informed decisions, understand your legal options and increase your chances of getting a fair settlement.