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What is the 'at-fault' rule in Indiana?

When it comes to car accident insurance and recovery, Indiana follows the 'at-fault' rule. When seeking compensation against the negligent driver who caused one's injuries, it is important to understand what this term means and signifies with regards to recovery.

"At fault" means that the person who is at fault is liable for all the losses and damages suffered as a result of the accident. This means an accident victim can pursue compensation from their insurance company, from the other driver's insurance company or from the other driver who was at fault. This gives them three options to choose from, depending on their individual circumstances.

Equally important is understanding the modified comparative negligence rule. Under this rule, it is still possible to seek compensation, even if the injured driver was partially at fault. This means that the courts will allow the victim to recover if they were less at fault than the other driver. This means they should be less than 51 percent at fault in order to recover damages.

The aforementioned demonstrates the importance of finding and proving fault. It is important to establish in a court of law who was at fault and how much. This may seem like a given for the accident victim, but proving it is a different matter. It can be beneficial to have the accident reconstructed or witness testimonies presented to bolster one's case. Speaking to a personal injury attorney may be useful, as they may be able to guide accident victims on the path to pursuing the compensation they need during a difficult time.

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The Law Office of Nick Stein

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New Albany, IN 47150

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