Indiana Complaint regarding Auto Accident for Negligence - Guest Passenger against Both Drivers
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How to fill out Complaint Regarding Auto Accident For Negligence - Guest Passenger Against Both Drivers?
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FAQ
No, Indiana is not ano-fault state for auto insurance. Indiana is an "at-fault" or "tort" state, which means the person who is at fault for a car accident is responsible for paying for other people's injuries and property damage resulting from the accident.
In an Indiana car accident claim, if you are found to be more than 50 percent at fault, you cannot recover compensation from the other party in the accident. If you are found to share the blame equally with another party (50%), you can recover compensation, but whatever the jury awards will be reduced by 50%.
If you agree to let the insurance company take the case to trial, what happens next depends on whether the parties can come to terms. If they do, the judge will decide how much fault must be attributed to each party. The judge will hold a bench trial if they cannot come to terms.
Indiana law requires drivers to report accidents resulting in injury, death, or property damage exceeding $1,000 to the police or local sheriff's department immediately. Drivers must also file an accident report with the Indiana BMV within 10 days of the incident.
Broadly speaking, Indiana law says the driver whose negligence caused the accident is at fault. That means if someone was speeding, texting, drunk, or simply not paying attention, and their careless behavior caused the crash, then they are at fault.
At-Fault Accidents Without Insurance Following an accident in Indiana without car insurance, you not only will face penalties for being uninsured, but you'll be responsible for any damages caused. Additionally, the other driver (if they are insured) can sue you for all legal fees directly out of pocket.
How Comparative Fault Works in Indiana. Indiana's comparative fault system prohibits personal injury claimants from recovering any compensation if they bear 51 percent or more of the responsibility for their injury, ing to Indiana Code 34-51-2-6.
As vehicle repairs and other expenses begin to add up, crash victims may start to wonder who they can sue to recover compensation for their damages. Indiana is an at-fault state. This means you pursue compensation from the party who caused the collision.
