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Unlike many states, Indiana does not operate on a no-fault basis in regard to automobile accident claims. When an incident occurs, each party’s level of involvement is considered. As such, responsibility may be allocated among the plaintiff, defendant, and even a third “non” party, such as an employer. A jury compares the fault among each, and if the culpability of the plaintiff is apportioned at or below 50%, he or she will be awarded damages based on that percentage.

Comparative Fault Example

If the plaintiff in an automobile accident claim is awarded $200,000 and faulted at 45%. The plaintiff will recover $110,000, or 55% of the total damages. On the other hand, if the jury finds the plaintiff is over 50% at fault for the accident, they will not recover anything.

automobile accidentTo examine it another way: A jury finds damages for the plaintiff in the amount of $200,000 for property destruction, medical expenses, lost wages, and pain and suffering. They are at 10% fault. Their total damages would then be multiplied by 90%, leaving them with a total of $180,000 in recovery.

At-Fault Insurance

When a driver is involved in an automobile accident, at-fault vehicle insurance is used to cover associated property damage and medical expenses. As such, Indiana drivers are required to carry a minimum level of coverage, should they happen to be involved in an accident.

 

If you have been injured in an automobile accident in Anderson, Muncie,Monticello, and Jasper Counties, IN, turn to the Law Offices of Charles P. Dargo, PC. Backed by over a decade of personal injury law experience, their attorneys focus on a broad range of case areas, including workers compensation, wrongful death, and personal injury. Free consultations are available; contact the practice online or call (800) 955-3228 to speak with a representative today about your case.

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