When a car accident happens in Greenfield or elsewhere in central Indiana, it’s possible that more than one person is to blame. You might share some of the responsibility, and the other driver might, too. This shared culpability can complicate matters, especially when you seek compensation for your injuries.
Your ability to recover money hinges on one crucial standard: Indiana’s modified comparative fault rule. Understanding how this law works is essential to protecting your claim and ensuring you receive fair damages.
What is comparative fault?
Older Indiana contributory negligence laws were stricter. They said that if you were even 1% at fault for an accident, you received nothing. Modified comparative fault is a fairer system as it recognizes that multiple drivers can share blame.
The system allows you to recover compensation even if you were partially at fault. For example, if a court determines you were 20% responsible for a crash, the total award is reduced by 20%. The rule allows drivers who share minor blame to seek some damages.
The critical 51% rule
Indiana enforces a strict cut-off point that makes a massive difference in personal injury claims. Often called the “51% bar rule,” it means:
- You must not be greater than 50% at fault to recover any damages in a claim against a private individual or company.
- If you are more than 50% (i.e., 51% or more) at fault, you cannot recover any compensation.
Most injured parties don’t understand that a single percentage point can make a huge difference. It means that one small piece of evidence could stand between you and thousands of dollars in compensation for medical bills and other damages.
Important exception: Claims against the government
It is critical to note that the modified comparative fault rule does not apply to claims against governmental entities or public employees in Indiana, such as a city, county or state agency (e.g., if a city-owned vehicle caused the accident).
These claims fall under the Indiana Tort Claims Act, which typically uses the older, stricter pure contributory negligence standard, meaning if you are even 1% at fault for an accident involving a government entity, you are completely barred from recovery.
Furthermore, there is a statutory cap on recoverable damages against governmental entities, currently limited to $700,000 per person.
Seeking justice after an accident
Insurance adjusters are skilled at assigning blame. They often try to push your fault over the 50% mark to protect their company’s bottom line. Determining the precise percentage of fault requires careful consideration of all the facts, including reviewing police reports, witness statements and physical evidence from the scene.
When insurers dispute fault, one percentage point can eliminate your claim. Having skilled legal representation is crucial. An experienced car accident attorney can help you gather the necessary evidence, handle all interactions with insurance companies and protect your right to compensation.
