Are There No-Fault Laws for Auto Accidents in Indiana?

Car Accidents Dan - January 22, 2019

Fort Wayne Auto accident lawyer

No-fault car insurance laws for auto accidents are used in many states. No-fault states work on a system where your own auto insurer will pay for some or all of your losses during an accident no matter who is at fault. Each state’s fault laws are different. Indiana, however, is an at-fault state. The tort system in Indiana determines the percentage of fault for each party involved in an automobile accident.

Required Auto Insurance in Indiana

Indiana state law requires the following insurance minimums to be met to legally operate a vehicle.

  1. Bodily injury per person – $25,000 minimum
  2. Bodily injury per accident including multiple victims – $50,000 minimum
  3. Property damage per accident – $25,000 minimum

If you are caught driving without the minimum insurance coverage, you may lose your license.

Additional Insurance

Drivers in no-fault states are required to have personal injury protection (PIP). This type of coverage will pay for your medical expenses and possibly lost wages after a car accident no matter who was at fault. While Indiana is not a no-fault state, you are still encouraged to consider the benefits of PIP coverage. This insurance is likely to cover gaps where other auto insurance fails to pay.

Determining Comparative Fault

In Indiana, car accident claims are handled by determining the percentage of fault of each party with any involvement in the collision. Involved parties include the plaintiff (the person injured in the accident), the defendant (the person who allegedly caused the accident), and possibly a third party (someone indirectly involved like an employer or auto company). Indiana’s Comparative Fault Act is used to decide fault percentage and compensation.

If you are injured in a car accident and determined to be less than 50 percent responsible for causing the collision, you could receive some compensation for your injuries. When a person is found to be at least 51 percent at fault for an accident they will receive no compensation. If you are the plaintiff in a car accident, your claims will be compensated in the following manner.

  • If you are found to have no fault in the accident, you will receive 100 percent compensation from the parties at fault.
  • If you are partially responsible, you will only receive compensation for the at-fault percentage of the defendant. For example, if you’re found to be 25 percent at-fault and the defendant was 75 percent at fault, you would receive 75 percent compensation for your claims.

Automobile accidents often cause devastating injuries and major life changes. If you have been in a car accident in the state of Indiana, it is important to prove that you were less than 50 percent at fault for the cause of the accident. Personal injury Attorney R.T Green knows the laws surrounding Indiana’s tort system and can help you receive the compensation you deserve. If you are suffering injuries from an automobile accident and are not sure of your rights, contact R.T Green today for a free consultation and case review.



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