Articles Posted in Personal Injury

Accidents happen, and when they do, it’s often because someone was negligent. In Indiana, accident victims have the right to recover damages from the party responsible for their injuries. This is a well-established principle of personal injury law. But what happens when both parties share some degree of fault? Who pays then? This is where Indiana’s comparative fault statute comes into play. Under Title 34 of the Indiana State Code, the state addresses this dilemma with a clear set of rules that determine how damages are awarded when multiple parties are at fault. Understanding how this law works is crucial for anyone involved in an accident, as it can significantly impact the outcome of a case.

Indiana’s comparative fault statute is designed to allocate responsibility fairly between parties based on their degree of fault. Here’s how it works: if you’re injured in an accident and found to be partially at fault, your recovery will be reduced by your percentage of responsibility. For example, if you’re deemed 10% at fault for an accident, your damages will be reduced by 10%. If you’re 49% at fault, your recovery will be cut nearly in half. However, if you’re found to be 51% or more at fault, you’re barred from recovering any damages at all. This is a critical distinction, as it means that even if you’re partially responsible, you can still recover compensation—as long as your fault doesn’t exceed 50%. It’s worth noting that not all states follow this rule. In some neighboring states, even a small degree of fault on your part could completely bar you from recovery. This makes Indiana’s approach more favorable to accident victims, but it also underscores the importance of building a strong case to minimize your share of fault.

The comparative fault system can drastically change the outcome of a case depending on how fault is assigned. For instance, if you’re involved in a car accident and the other driver ran a red light, but you were slightly speeding, the court might assign 20% of the fault to you and 80% to the other driver. In this scenario, you’d still recover 80% of your damages. However, if the other driver’s attorney successfully argues that you were 51% at fault, you’d recover nothing. This is why it’s essential to thoroughly investigate the accident and gather evidence to support your claim. A qualified Indiana personal injury attorney will know how to do this effectively. They’ll employ investigators, analyze police reports, interview witnesses, and reconstruct the accident scene to build a compelling case. They’ll also know how to argue comparative fault issues during settlement negotiations or at trial, ensuring that your share of responsibility is minimized and your recovery is maximized.

The Indiana Supreme Court recently issued a decision in a lawsuit filed by the estate of a deceased individual against an insurance company. The case arose after the individual suffered fatal injuries in an accident caused by two negligent drivers. On behalf of her estate, her personal representative settled the claims for $75,000 with the at-fault parties. Additionally, the personal representative received settlements of $25,000 under the underinsured motorist (UIM) coverage from the woman’s carrier.

The issue arose after the estate requested additional coverage under the woman’s parents’ insurance policy. Her parent’s policy provided coverage of up to $100,000 per person for bodily injury or death. The insurance company opposed the claim arguing that the woman was not a “resident relative” under the policy and in the alternative, even if she was a resident relative, the policy’s offset and anti-stacking provisions bar recovery.

Under the insurance company’s policy, a “resident relative” is a relative who actually resides in the insurer’s home with the intent to continue living there. In this case, the woman packed up her and her children’s belongings, moved them into her parents’ home, officially updated her address, and described the residence as her “new home.”