After a crash or injury, many people assume that if they played any role in what happened, they are automatically barred from recovering compensation. Insurance adjusters often exploit this fear to discourage victims from filing a claim. However, Darren Stewart and Nick Wagner of Stewart & Stewart Attorneys explain that in Indiana, being partially to blame does not automatically ruin your case.
Thanks to Indiana’s comparative fault laws, you can still recover money for your medical bills, lost wages, and pain and suffering even if you were partially at fault—as long as your share of the responsibility stays within state limits.
The 51% Rule: Can You Still Recover?
Unlike states with “pure comparative fault” (where someone could theoretically be 90% at fault and still collect 10% in damages), Indiana follows a modified comparative fault rule:
-
50% or Less at Fault: You are still entitled to recover damages, though your payout will be reduced proportionately by your percentage of fault.
-
51% or Greater at Fault: You are legally barred from recovering any compensation.
How the Math Works in Practice
Imagine your total damages (medical bills, property damage, and lost income) equal $100,000:
-
If a jury determines the other driver was 75% at fault and you were 25% at fault, your payout is reduced by your 25% share. You would still collect $75,000.
-
If you are found to be 50% at fault, you can still recover $50,000.
-
However, if the jury decides you were 51% at fault, you recover $0.
Who Decides Your Percentage of Fault?
There isn’t a secret algorithm or a single regulator assigning these percentages behind closed doors. Fault is negotiated during settlement discussions between your attorney and the insurance company—or ultimately determined by a jury if your case goes to trial.
Because every percentage point directly affects your financial recovery, insurance companies will work hard to push your portion of fault above the critical 50% threshold to avoid paying out anything.
How an Attorney Protects Your Claim
When insurance companies try to shift the blame onto you, having experienced legal representation makes all the difference. An attorney will:
-
Investigate the Crash: Gather police reports, witness statements, and physical evidence to reconstruct the event accurately.
-
Refute Unfair Blame: Fight back against insurance tactics designed to overstate your contribution to the accident.
-
Maximize Your Recovery: Negotiate aggressively to keep your assigned fault percentage as low as possible so you receive maximum compensation.
Take Action Today: Don’t Let Shared Fault Stop You
If you were in an accident and worry that your actions contributed to what happened, don’t assume you’re out of options. A quick conversation with an attorney can clarify where you stand and help protect your rights under Indiana law.
Frequently Asked Questions
Can I get compensation if an accident was partially my fault in Indiana?
Yes. As long as you are 50% or less at fault for the accident, you can still recover compensation under Indiana’s modified comparative fault law.
What is the 51% rule in Indiana?
The 51% rule states that if you are found to be 51% or more at fault for an accident or injury, you are completely barred from recovering any damages from the other party.
How is percentage of fault calculated?
Fault is assigned through negotiation between attorneys and insurance adjusters during settlement talks. If the case goes to court, a jury hears the evidence and decides the exact percentage of fault for each party.
Will my compensation be reduced if I was partially at fault?
Yes. Your final monetary award will be reduced by your percentage of fault. For example, if your damages total $10,000 and you are 20% at fault, you will receive $8,000.