Recovering Damages after a Single-Vehicle Accident in Indiana
Car accidents can be a harrowing experience, and the physical and financial impact can be just as devastating, regardless of whether there were multiple factors at play or if it was a single-vehicle accident. Indiana follows the “at-fault” theory of liability and insurance recovery. In at-fault states, such as Indiana, drivers who caused the accident are liable for the ensuing damages. In these cases, the at-fault driver’s insurance should compensate all parties involved in the accident. However, it is essential to note that its comparative negligence laws may impact this general rule. Under comparative fault, plaintiffs can recover from the at-fault party; however, the victim’s recovery will be reduced by their share of liability. Most importantly, the plaintiff will not be able to recover if their fault exceeds 50%.
While insurance companies use their own methods for determining liability and apportioning damages, they often cite the state’s comparative negligence laws when making compensation determinations. This is especially relevant after a single-vehicle accident, as insurance companies will go to great lengths to avoid paying out hefty claims. However, a single-vehicle accident does not automatically impute liability on the driver. There are many causes for a single-vehicle accident that do not involve the driver’s negligence.
Some common causes of single-vehicle accidents in Indiana are: