Understanding Indiana’s Comparative Fault Law: What It Means for Car Accident Claims

Picture this: you’re in a crash on I-465 near Indianapolis. The other driver swerved into your lane, but your brake lights were out. Now both of you are pointing fingers. So what happens next?

If you’re in Indiana, the law doesn’t expect perfection. That’s where Indiana’s comparative fault law steps in. It could be the difference between walking away empty-handed and recovering thousands in damages, even if you were partly at fault.

Let’s break it down in plain English.

What Is Comparative Fault in Indiana?

First off, fault isn’t always black and white. Sometimes both drivers share the blame. Indiana uses what’s called “modified comparative fault”.

Here’s what that means:

• If you’re 51% or more at fault, you get nothing.
  
• If you’re 50% or less at fault, you can still recover damages—just less than the full amount.
  

This is called Indiana’s 51% rule.

Let’s say you’re 30% at fault in a $100,000 accident case. You’d still get $70,000. That’s real money, even with shared responsibility.

How Is Fault Determined After a Car Accident?

Fault doesn’t just come from pointing fingers.

It’s pieced together using:

• Police reports
  
• Witness statements
  
• Photos/videos
  
• Insurance adjusters
  
• Expert opinions
  

Each piece helps paint the picture. For example, if two drivers merged into the same lane, investigators might find both at fault—maybe 60% one driver, 40% the other.

And yes, those numbers matter. Because that’s how your payout gets calculated.

Real-Life Examples of Shared Fault Car Accidents in Indiana

These scenarios happen all the time:

• Rear-end collisions where the lead car slams brakes with no warning, and the trailing car is too close. Maybe it’s 80% fault on the rear driver. Maybe it’s 60/40.
  
• Left-turn crashes where both drivers had a green light, but one misjudged the distance.
  
• Bad weather pileups, where visibility is low, roads are slick, and everyone is reacting late.
  

Even minor accidents can have fault split down the middle. That’s why it’s risky to assume you don’t have a case just because you played a small part.

How Comparative Fault Affects Your Settlement

Let’s say you’re awarded $100,000.

If:

• You’re 20% at fault → you get $80,000
  
• You’re 50% at fault → you get $50,000
  
• You’re 51% or more at fault → you get $0
  

Insurance companies know this too. And they’ll try hard to push that number past 50%.

How Insurance Companies Use Comparative Fault Against You

Here’s where things get slippery.

Adjusters are trained to minimize payouts. They might:

• Say you were speeding even if you weren’t.
  
• Blame you for not using a turn signal.
  
• Find a technical violation to shift more fault onto you.
  

Even being polite in your statement—saying “I didn’t see them coming”—can get twisted.

This is why so many injured people lose out without realizing what’s happening.

Why Hiring a Car Accident Attorney in Indiana Matters

You’re not just hiring someone to argue. You’re hiring someone who can:

• Investigate fault using evidence.
  
• Challenge the insurance company’s findings.
  
• Negotiate better compensation when your fault percentage is inflated.
  
• Handle paperwork, timelines, and court appearances so you don’t get buried in stress.
  

Need a car accident attorney in Indianapolis? Kaushal Law LLC knows how to fight comparative fault cases head-on.

When to Call an Attorney

Get help when:

• The other driver blames you.
  
• Your insurance payout is lower than expected.
  
• You’re getting the runaround from adjusters.
  
• You’re confused about how fault affects your claim.
  

Don’t wait until it’s too late. Evidence disappears. Witnesses forget. Time matters.

Get a Free Case Evaluation Now

At Kaushal Law LLC, we offer free consultations and honest insight into your case.

No sugarcoating. No pressure. Just answers.

Whether it’s a car accident, slip and fall, or construction injury, we’ve helped clients across Indiana understand their options and fight back against unfair fault claims.

Ready to stop guessing and start getting answers?

Request your free consultation today.

FAQs About Indiana Comparative Fault Law

Can I still file a claim if I was partly at fault for a car accident in Indiana?

Yes, you can still file a claim if you’re 50% or less at fault. Your compensation is reduced by your fault percentage, but you still have a case.

What if both drivers are equally at fault?

If each driver is 50% at fault, you can still recover half of your damages under Indiana’s comparative fault rule. Anything above 51% disqualifies you.

Will my compensation automatically go down if I’m blamed?

No. Your compensation only decreases if fault is officially assigned and supported by evidence. Just being blamed doesn’t change your payout.

How do insurance companies determine fault?

Insurance companies use police reports, witness statements, photos, and sometimes expert analysis to decide who was responsible and by how much.

Do I need a lawyer if fault is clear?

Yes, even if fault seems obvious. Insurance adjusters may still try to reduce your payout. A lawyer protects your compensation and your rights.

If you’re dealing with a shared fault car accident in Indiana, you’re not alone.

Indiana comparative fault law was built for people just like you.

Don’t walk away from what you’re owed.

Book a FREE Consultation today.