Is It a Mistake to Admit Fault After an Indiana Car Accident?

It is a mistake to admit fault after a car accident in Indiana, as it could jeopardize your personal injury claim. Since Indiana is an at-fault state for auto insurance claims, the other driver’s insurance could deny your claim if you take responsibility for the collision.

Indiana also follows a comparative fault rule for personal injury lawsuits, so admitting fault could reduce the money you receive or prevent you from seeking compensation altogether.

Why Should I Not Admit Fault for an Indiana Car Accident?

You shouldn’t admit fault for an Indiana car accident because it will only harm your right to compensation. The other driver’s insurance company, your insurer, and the state’s courts will all use your admission of fault to deny your claims or reduce the compensation you’re awarded.

In some situations, you may feel that admitting fault is the right thing to do because you believe you caused the collision. However, you still shouldn’t say you’re responsible for the following reasons:

• Emotional situation – Emotions sometimes run high after car accidents, and apologizing or admitting fault may seem like the right thing to do at the time. However, it’s best not to say anything and wait until you’ve calmed down and had a chance to speak to a car accident lawyer before making any statements.
• Unknown facts – Although you may initially believe you were responsible for the accident, you don’t have all the facts immediately after a crash. The other driver may have been speeding or texting and driving, and that could have been the primary cause of the accident.
• Statement changes – Once you make a statement to police or insurance adjusters, it’s hard to change it without hurting your case. Insurance companies view changing your statement as an attempt to hide the truth. It’s best to wait to provide a statement until after consulting a car accident attorney.

What Steps Can I Take to Avoid Admitting Fault in a Car Accident?

To avoid accidentally admitting fault in a car accident, you should:

• Stick to the facts – Don’t speculate about what happened when speaking to the police or insurance adjusters. Tell them the facts as you understand them and nothing more. There’s no need to go into detail with your statement.
• Speak to an attorney first – Don’t provide a statement to the insurance adjuster until after speaking to a car accident attorney. They can walk you through what to say and what not to say to protect your right to compensation.
• Don’t say anything – It’s okay not to provide a statement directly after an accident. You can take your time to process the situation and choose your words carefully. Saying that you don’t know how the crash happened or simply not providing a statement is often better than speaking up early and saying something that could harm your case.

How Is Fault Determined in an Indiana Car Accident?

In Indiana, determining fault in an accident comes down to the evidence that attorneys and insurance adjusters gather throughout their investigations. They will analyze the evidence to determine what caused the collision and who is responsible. If your case goes to court, the judge or jury will determine liability.

It’s important to remember that there doesn’t have to be only one party at fault in a car wreck. This could hurt your claim if you share fault for the accident, but it can also benefit your claim if multiple parties are liable for your injuries. Possible liable parties may include:

• The other driver in the accident
• A third party whose actions caused a chain reaction leading to the crash
• A vehicle or part manufacturer if a defective product caused the accident or worsened your injuries
• The other driver’s employer if they were working when the accident happened

What Evidence Can Support the Other Driver’s Fault?

Gathering substantial evidence is the best way to prove that the other driver, or another party, was at fault in the crash. Some of the best evidence to collect in support of your car accident claim includes:

• Eyewitness statements – If other drivers or pedestrians witnessed the accident, ask for their names and contact information so your attorney can follow up to collect their statements.
• Expert testimony – Depending on the circumstances of the accident, your attorney may hire a crash reconstruction specialist or other expert to testify on how the collision occurred.
• Traffic camera footage – Traffic and security camera footage can be particularly effective evidence for determining fault.
• Physical evidence – Sometimes, skid marks on the road, the final positions of the vehicles, and other physical evidence from the accident scene play a significant role in determining fault. If you or someone else photographed the scene before you left, your attorney can use those pictures.
• DUI or distracted driving evidence – If the other driver was intoxicated or texting while driving, your attorney may be able to use their toxicology report or phone records as evidence of fault.

What Happens If I Am Partly to Blame for the Accident?

If you share blame for the accident, it could impact how much compensation you receive through an insurance settlement or trial award. This is because Indiana’s modified comparative negligence rule reduces your awarded compensation by your percentage of fault. For example, if you were 20 percent at fault, you could only receive up to 80 percent of the damages you’re awarded at trial. Since insurance companies know this, they will probably also offer you less compensation through your auto insurance claim.

However, you may not be able to recover any compensation if you’re found primarily at fault for the accident. If you’re more than 50 percent at fault, Indiana law bars you from seeking recovery through a personal injury lawsuit, so the insurance company is also likely to deny your claim. Because of these rules, having a skilled personal injury lawyer on your side is critical to building a solid case proving the at-fault party is liable for your losses.

Contact an Indiana Car Accident Lawyer

If you were in a collision in Indiana, it’s crucial that you speak to an experienced car accident attorney as soon as possible. Contact Truitt Law Offices today for a free consultation about your case. Our team will assist you in protecting your legal right to compensation after a car crash.

We have over 40 years of legal experience serving injury victims in Indiana and a track record of obtaining maximum results. Our clients call us “an incredible, knowledgeable, and caring group of people.” Let us put our skills, resources, and knowledge to work for you.

Visit Our Indiana Car Accident Law Offices