Car accidents in Indiana happen every day, from heavy traffic on Indianapolis interstates to slick rural roads in winter. If you’ve been involved in a crash, understanding your rights and responsibilities under Indiana law is crucial. This guide explains how fault works, what insurance coverage is required, and how to pursue compensation if you’ve been injured in a car accident in the Hoosier State.
Indiana Is an At-Fault State
Indiana follows a fault-based car insurance system. This means the person who caused the crash is financially responsible for any resulting damages. If you’re hurt in an accident, you can:
- File a claim with your own insurance (depending on your coverage)
- File a third-party claim with the at-fault driver’s insurance
- File a personal injury lawsuit against the at-fault party
Proving fault is a critical step in recovering compensation through an insurance claim or in court.
Modified Comparative Negligence in Indiana
Indiana uses a modified comparative fault rule with a 51% bar. If you are 51% or more at fault for the crash, you cannot recover damages. If you are 50% or less at fault, your compensation will be reduced by your percentage of fault.
For example, if your damages total $80,000 and you’re 30% responsible, you could still recover $56,000.
Required Auto Insurance Coverage in Indiana
To legally drive in Indiana, motorists must carry the following minimum liability insurance:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
Uninsured and underinsured motorist coverage must also be offered, but it can be declined in writing. It is a good idea to keep this coverage in place for additional protection.
Statute of Limitations for Car Accident Lawsuits
Indiana gives you two years from the date of the crash to file a personal injury lawsuit. Property damage claims also must be filed within two years. If you miss the deadline, you likely lose your right to pursue compensation in court.
When to Report an Accident in Indiana
Drivers in Indiana are required to report a crash to law enforcement if:
- Someone is injured or killed
- There is property damage of $1,000 or more
Call 911 immediately following a crash. If a police officer responds, they will complete an accident report. If police don’t come to the scene, it’s your responsibility to report the crash to local authorities.
What If the At-Fault Driver Is Uninsured?
If the driver who caused the accident doesn’t have insurance, your uninsured motorist (UM) coverage can help cover medical bills, lost wages, and other expenses. This coverage is often included unless you decline it in writing. If the at-fault driver has some insurance but not enough, your underinsured motorist (UIM) coverage may apply.
What Damages Can Be Recovered?
In Indiana, accident victims may be eligible to receive compensation for:
- Current and future medical expenses
- Lost wages and reduced earning potential
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In rare cases, punitive damages may be awarded if the at-fault driver acted with intentional misconduct or extreme negligence.
Should You Hire a Car Accident Attorney in Indiana?
If your injuries are serious or liability is being disputed, it’s smart to contact an Indiana car accident lawyer. An attorney can protect your rights, gather evidence, and negotiate with insurers. Most personal injury lawyers offer free consultations and work on a contingency fee basis, so you don’t pay unless they win your case.