Indiana Fault Rule
Modified Comparative Negligence (51% Bar): Indiana enforces a 51% modified comparative fault bar. A claimant can recover damages as long as their contributory fault does not exceed 50%; fault of 51% or greater extinguishes the claim.
Statute of Limitations
2 Years (Ind. Code § 34-51-2-6 & Ind. Code § 34-11-2-4): Claimants must finalize settlement agreements or initiate formal civil actions within 2 years of the collision date.
Statutory Insurance Minimums
25/50/25 ($25k bodily injury / $50k per accident / $25k property damage): These mandatory insurance minimums represent the maximum available coverage under standard policies unless the driver purchased higher optional coverage.
How Fault Apportionment Affects Claims in Indiana
When negotiating auto accident claims in Indiana, insurance adjusters calculate damages using an itemized formula that adds economic losses (medical bills, future treatment, lost earnings, property repair) to non-economic damages (pain and suffering, loss of enjoyment of life).
Under Indiana Code § 34-51-2-6, contributory fault does not bar recovery if the claimant’s fault was not greater than the fault of all persons whose conduct contributed to the damage. A claimant assessed 25% fault receives 75% of their total evaluated damages, but an assessment of 51% eliminates recovery completely. Understanding this threshold prevents accident victims from being pressured into unfair initial liability splits during adjusters' telephone recorded statements.