Is Indiana a No-Fault State for Car Accidents?

One consequence of Indiana’s status as an “at-fault” is that determining who is at fault in a car accident is highly important. You must know how to prove you are not at fault in a car accident to receive compensation from the at-fault driver’s insurance company. 

In some cases, establishing fault for a car accident is fairly straightforward. If the other driver recklessly disregarded traffic laws, such as running through a red light in front of a traffic camera while you had the right of way, they will likely be found legally at fault and liable for any damages. Likewise, if the other driver is found to be legally intoxicated at the time of the accident, you can more easily establish their fault under Indiana law. 

However, proving who was at fault in an accident is not always so simple. In some cases, accidents can occur through no apparent fault of any driver involved. This happens due to sudden road obstructions, hazardous driving conditions, and other factors outside anyone’s control. In other cases, the other driver might be at fault due to reckless or negligent driving, but evidence showing their fault may be hard to find. 

Once an accident occurs, your first step is determining whether anyone involved needs medical attention. If all parties escaped injury and you’ve moved all cars out of driving lanes, your next step is to begin the process of gathering evidence. 

It’s a good idea to take as many pictures of the accident as possible. Photos will not only demonstrate damage to your vehicle but also can help insurance investigators establish who is at fault. Photos can also prove any traffic signs relevant to the other driver’s responsibility. For example, if the other driver had a stop sign and you did not, photos of the stop sign’s location at the intersection can show insurance investigators that the other motorist caused the accident by violating Indiana traffic laws. 

You can also see if any third-party witnesses are willing to offer their contact information to provide statements to insurance investigators. You may also file a police report on the accident, though you usually don’t need to have a police report on file to file a claim with your insurance company. If you suffer injuries that require medical treatment, keep all medical records as proof of the other driver’s liability for your medical expenses.