Indiana Auto Accident Liability Laws
Indiana accident liability laws are designed to hold each driver accountable for his role in an auto accident. Each driver's insurance company is obligated to pay for damages incurred to property as well as compensate drivers for bodily injury. The law also provides avenues for drivers that have been injured in auto accidents to sue for damages not paid by insurance companies.
A Fault State
Indiana is a "fault state" for the purposes of determining liability in auto accidents. This means that the driver that is ruled at fault must use his auto insurance to cover any damage to the other driver's vehicle and any injuries to the other driver before any other auto insurance may be used. Third parties not actually involved in the auto accident may also be ruled to have some liability, according to Indiana attorney Marc S. Sedwick. A third party, such as the employer of an at fault driver, may be sued for negligence by allowing a driver with a questionable history of reckless driving to use a company vehicle for business purposes.
Comparative Fault
The Comparative Fault Act in Indiana determines liability in auto accidents by comparing each driver's ability to prevent the accident. Each driver is assigned a percentage of fault from 0 to 100. This number determines how financially liable the driver is for paying damages to property, automobiles and personal injury. Liability in this case is determined by evidence collected by the court from police officers at the scene of the accident, insurance company investigators and statements from witnesses. Drivers ruled to be at least 50 percent at fault for an accident may not collect damages in court.
Blame and Payment
Because of the comparative fault law in Indiana, even if you are partially to blame for an accident, you may still be able to collect an award for damages incurred. As long as your fault in an accident is ruled by the court to be below 50 percent, you are eligible to collect payments. For example, if the court rules that damages should be paid in the amount of $100,000 and your fault is ruled to be 40 percent, you will receive $40,000.
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