You’ve just been in a car crash. The dust settles, your nerves are still rattled, and then, a few days later, your insurance adjuster tells you the crash was mostly your fault. If that doesn’t seem accurate, you might wonder if you have any options.
First, it’s important to understand why your degree of fault for a crash matters in Indiana and why you shouldn’t accept more blame than you deserve.
The law in Indiana
Indiana uses modified comparative fault rules when parties share fault for a crash. That means you can still recover compensation as long as you’re found to be less than 51% at fault. However, there’s a catch. Your percentage of fault will reduce the amount you can recover.
Therefore, if an insurer places more blame on you than is correct, you could lose out on a significant chunk of compensation — or all of it.
Insurance companies don’t always get it right
Insurance companies may assign fault based on limited evidence, inaccurate statements or biased reports. If you believe their findings are wrong, you have every right to challenge them.
Start by gathering relevant evidence that can support your position. This may include photos from the scene, eyewitness statements, the police report and any traffic camera footage. You’ll also want to prepare a written statement explaining your version of events and send it to the insurance adjuster.
Protect your claim for compensation after a crash
Disputing fault is your right, and it could make a big difference in the outcome of your case. If you’re unsure how to proceed, getting experienced legal guidance can help you navigate the process and safeguard your interests.