Is Indiana a No-Fault State?

Aug 8

If you are injured by another driver’s negligence in a car accident, seeking fair compensation can be critical to your recovery, but the process can be complicated. Some states adopt a no-fault approach in which car accident victims are compensated by their own insurance coverage (called personal injury protection, or PIP), but Indiana is not one of these states. Reach out to an experienced Indiana car accident attorney to learn more about your legal rights after being injured in a car accident.

 

No-Fault States

In no-fault states, those injured by the negligent driving practices of someone else must pursue compensation for the property damage to their vehicles, their medical costs, and lost income through their own PIP policy, and only if their losses are greater than their coverage – or if their injuries are more serious – will the other driver’s car insurance coverage come into play. 

In Indiana, however, if a car accident that was caused by someone else leaves you injured, you’ll file your claim with that driver’s car insurance provider. If that driver does not carry enough coverage to compensate you for your full range of covered losses (or legal damages), you can look to your own underinsured or uninsured motorist policy to help cover the additional amounts.

 

Required Coverage in the State of Indiana

In Indiana, every driver is required by law to carry liability insurance, which is insurance that covers the losses experienced by anyone he or she is responsible for harming in a car accident. The minimum liability coverage amounts in the state include:

  • Coverage for bodily injury per person in the amount of $25,000
  • Coverage for bodily injury per accident in the amount of $50,000
  • Coverage for property damage per accident in the amount of $25,000

In addition, there are requirements in relation to coverage for underinsured and uninsured motorists, which must be offered by car insurance providers and which can only be rejected if you do so in writing. This coverage includes:

  • Coverage for bodily injury caused by an uninsured motorist in the amount of $25,000 per person and $50,000 per accident
  • Coverage for bodily injury caused by an underinsured motorist in the amount of $50,000
  • Coverage for property damage in the amount of $25,000

If you are injured by another driver’s negligence, working closely with an experienced Indiana car accident attorney is the surest way to help protect your best interests – in pursuit of just compensation.

 

Your Losses

The compensation you can seek in a car accident claim that is based on another driver’s negligence in Indiana includes, but is not limited to

  • Property damage to your vehicle
  • Your medical costs, including those related to ongoing healthcare requirements
  • Your lost income, including any diminishment in your ability to earn
  • Your pain and suffering 

Obtaining compensation that covers your complete losses supports your ability to achieve your most complete recovery.

 

No Pay, No Play

Indiana also has what are known as No Pay, No Play statutes in place that stop motorists who repeatedly fail to carry required car insurance coverage from seeking compensation for noneconomic losses in car accident claims, which include those losses that do not have a price tag attached, such as pain and suffering. This applies to those drivers who don’t have the necessary liability coverage at the time of the accident in question and who have already violated the state’s financial responsibility laws within the past five years.

 

Shared Fault

If you share fault for an accident that causes you to be injured, you may think that you have no recourse in terms of seeking compensation from the other at-fault driver, but this is not the case in Indiana. Indiana uses comparative fault laws that allow car accident victims like you to seek compensation from the other at-fault driver as long as they are no more than 50 percent responsible for the accident. For example, if the court determines that you are 10 percent at fault for an injury-causing accident, you could receive compensation for 90 percent of your covered losses from the other driver (who is deemed to be 90 percent responsible).

 

Determining Fault

The stress and adrenaline rush you experience as a result of a car accident can leave you confused about what actually happened and who is at fault. In fact, the determination of fault is based on the unique facts of the accident – as supported by the evidence – and is a job that is best left in the capable hands of your dedicated car accident attorney. In fact, it is not unusual for injured motorists to blame themselves after a car accident – even when legal responsibility lies squarely with the other driver. You should never state you are at fault after an accident.

The kind of evidence that guides car accident claims can include:

  • The police report
  • Eyewitness testimony
  • Photos and videos taken at the scene
  • Expert testimony
  • Accident recreation models

 

The Insurance Company

Because the insurance is, first and foremost, in the business of making money, it is motivated to keep your settlement as low as possible, but taking all the following steps can help to ensure that you are fairly compensated:

  • Follow the medical instructions and advice provided to you by your doctor very carefully
  • Seek legal guidance you need as soon after the accident as possible and allow your knowledgeable attorney to communicate with the insurance company while skillfully guiding your claim forward
  • Refrain from posting on social media until your claim has settled or you’ve received a court award (the insurance company is only too happy to twist your words and photos to their own narrative)

 

You Need an Experienced Indiana Car Accident Attorney on Your Side

If a negligent driver leaves you injured, compensation for your losses is critical to your recovery, and the trusted Indiana car accident attorneys at Blackburn Romey have the experience, skill, and drive to help. Your claim is important, so please don’t wait to contact or call us for more information about what we can do to help you today.

Tom Blackburn

Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.

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