Car accidents can be complicated, and liability isn’t always clear.
What happens if you were hit by another driver, but you were also speeding at the time of the accident? Is that considered partial fault? Whose insurer will handle the recovery of damages?
If you’re wondering, “Can I still receive a settlement if I was partially at fault for the car accident?” know that you have options. Below, our team from Stewart & Stewart Attorneys explains what you should know about filing an insurance claim in Indiana when you were partially at fault for the accident.
How Indiana Laws Affect Your Ability To Pursue a Settlement After a Car Accident
In Indiana, we follow the modified comparative negligence system, which means that accident victims may pursue compensation even when they bear partial responsibility. Each party will be assigned a percentage of fault for the accident, and the settlement awards will be reduced by the associated percentages. The “modified” clause means that if you’re found more than 50% liable for the accident, you’ll be barred from recovery.
What Does Modified Comparative Negligence Mean for Your Case?
Answering “Can I still receive a settlement if I was partially at fault for the car accident?” can depend on case details. While Indiana allows you to pursue compensation, the other party’s insurer may attempt to push your liability above that 50% threshold to avoid their financial obligations.
For example, say you were T-boned by a driver running a red light. You had the right-of-way, though your vehicle’s black box data also shows that you were speeding at the time of the collision. Now, the percentages assigned to you and the other party will greatly impact the settlement award available to you.
If the other party’s insurer argues that you had reasonable time to stop and prevent the accident, you could end up assuming significant liability. To prevent this, your attorney can gather evidence and work with professional accident reconstructionists to support your claim. By reducing the percentage assigned to you during the liability determination phase, you gain access to a larger portion of the settlement pool.
What To Do After a Car Accident To Prevent Fault Assumption
Because of Indiana’s modified comparative negligence system, minimizing your liability after an accident is important for protecting your rights and financial interests. We recommend the following:
- Contact the police immediately after the accident: Indiana law requires you to contact the police for any collisions involving injury or property damage exceeding $1,000. The responding officers will create a report of the accident that can help explain accident details later on.
- Take photos of the scene: Before leaving the accident scene, take photos or videos of relevant details if possible. This may include traffic signs, road conditions, vehicle damage, personal injuries, and more.
- Avoid giving details to insurers: Upon filing your claim, insurance adjusters will reach out to you requesting more details. You can give them basic information, but you should avoid providing any specific details about the accident, as they may use this information to minimize your claim. You can simply tell them that you’re unsure until you’ve consulted your attorney.
- Consult an attorney: Consulting an attorney quickly after your accident may support your claim. Lawyers understand how to protect your rights and can work to minimize your liability.
Do You Need Help Navigating Your Car Accident Settlement?
“Can I still receive a settlement if I was partially at fault for the car accident?” Yes, so if you need help navigating a confusing partial fault claim, call Stewart & Stewart Attorneys at (317) 597-4721 to schedule a consultation.