When someone is injured in an accident, one of the most important factors in determining whether they will receive compensation is who is at fault. In Indiana, as in many other states, fault is determined by the insurance company.
Table of Contents
The Importance of Determining Fault
Determining fault is critical in a personal injury case because it determines who is responsible for the accident and who will be paying for the damages. If the injured party is determined to be at fault, they will not be eligible for compensation. If someone else is at fault, however, they may be liable for medical bills, lost wages, pain and suffering, and other damages.
Contributory vs Comparative Fault
In Indiana, the law follows a comparative fault system. This means that if both parties are found to be at fault, their level of fault will be compared, and damages will be awarded accordingly. For example, if the plaintiff is found to be 30% at fault, and the defendant is found to be 70% at fault, the defendant will be responsible for 70% of the damages.
Some states follow a contributory fault system, which means that if the plaintiff is found to be even slightly at fault, they will not be eligible for compensation.
The Process of Determining Fault
The insurance company will investigate the accident thoroughly to determine who is at fault. This investigation may include:
1. Reviewing Police Reports
If the accident was serious enough to involve law enforcement, the insurance company will obtain copies of the police report to determine what happened.
2. Interviewing Witnesses
The insurance company will also talk to any witnesses to the accident to get a better understanding of what happened. This may include passengers in the cars involved, pedestrians, and anyone else who saw the accident.
3. Reviewing Medical Records
If the accident resulted in injuries, the insurance company will review medical records to determine the extent of the injuries and any ongoing treatment required.
4. Consulting with Experts
In some cases, the insurance company may also consult with accident reconstruction experts to get a better understanding of how the accident occurred.
Proving Fault
Once the investigation is complete, the insurance company will determine who was at fault for the accident. They will use this information to determine how much compensation should be awarded.
To prove fault, the insurance company must show that the at-fault party had a duty of care to the injured party, that they breached that duty of care, and that this breach was the direct cause of the accident and resulting injuries.
Ready to File a Personal Injury Claim?
If you have been injured in an accident in Indiana, it is important to speak with a personal injury attorney as soon as possible. Your attorney can help you navigate the often-complicated process of filing a claim and working with the insurance company to receive compensation.
Remember, the insurance company’s determination of fault is critical to the outcome of your case. By working with an experienced personal injury attorney, you can ensure that your rights are protected and that you receive the compensation you deserve.