Indiana · Comparative fault · Updated Oct 2026

Comparative fault in Indiana: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in Indiana, the law behind it and how insurers apply it.

Short answer

In Indiana, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault or more
Law
IC 34-51-2-6 (you are barred only if your fault is greater than the fault of all others whose fault contributed; otherwise damages are reduced by your share). The comparative fault law does not apply to claims against government entities or public employees (IC 34-51-2-2).
Insurance system
Fault (tort)

Insurance and small claims in Indiana

No PIP required. Indiana requires liability insurance (25/50/25), so the driver who caused the crash and their insurer pay for others' injuries and damage.

Small claims limit for car damage in Indiana: $10,000 (also in Marion County township small claims courts). Indiana small claims guide on Small Claims Map

How fast an insurer must handle a claim in Indiana

  • IC 27-4-1-4.5 lists unfair claim settlement practices, including failing to acknowledge claims reasonably promptly, failing to affirm or deny coverage within a reasonable time after proof of loss, not trying in good faith to settle when liability is reasonably clear, and, in liability claims, blaming you for part of the crash despite an obvious absence of fault on your part.
  • The statute sets no fixed number of days.

More facts for Indiana

  • You can still recover if you were up to half at fault, but not if your fault is greater than everyone else's combined (IC 34-51-2-6).

If the insurer says you were partly at fault

  1. Get the police report. Indiana State Police keeps all Indiana crash reports in a central repository and sells electronic copies for a small fee through BuyCrash (www.BuyCrash.com). https://www.in.gov/isp/crash-reports/ Reporting a crash in Indiana and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Indiana Department of Insurance, Consumer Services.
  4. Sue before the deadline: 2 years for both property damage and injury. Deadlines to sue in Indiana, with the calculator

Who pays in Indiana: fault and payout explainer

Modified comparative fault (51% bar)In Indiana, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Free help in Indiana

Questions about comparative fault in Indiana

Is Indiana a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. IC 34-51-2-6 (you are barred only if your fault is greater than the fault of all others whose fault contributed; otherwise damages are reduced by your share). The comparative fault law does not apply to claims against government entities or public employees (IC 34-51-2-2).

Where can I complain if an insurer blames me unfairly in Indiana?

Indiana Department of Insurance, Consumer Services: https://secure.in.gov/idoi/consumer-services/ · 1-800-457-8283

How fast must an insurer handle a car insurance claim in Indiana?

IC 27-4-1-4.5 lists unfair claim settlement practices, including failing to acknowledge claims reasonably promptly, failing to affirm or deny coverage within a reasonable time after proof of loss, not trying in good faith to settle when liability is reasonably clear, and, in liability claims, blaming you for part of the crash despite an obvious absence of fault on your part. The statute sets no fixed number of days.

How do I get the police report in Indiana?

Indiana State Police keeps all Indiana crash reports in a central repository and sells electronic copies for a small fee through BuyCrash (www.BuyCrash.com). https://www.in.gov/isp/crash-reports/

More for Indiana drivers

Nearby states

Sources

Last checked: Oct 24, 2026.