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What if I don’t have evidence that the other driver was negligent?

What if the other driver’s negligence wasn’t explicitly stated in the accident police report? The responding officer might not always be able to determine what happened or who was at fault. Don’t lose hope if this occurs. Even though the official accident police report is unhelpful to your claim, you can still demonstrate that you are entitled to compensation from the at-fault party.

It’s wise to acquire as much proof as possible following an automobile collision. Included are the names and contact details of any witnesses who witnessed the crash. A third party’s unbiased description of what transpired can strongly support your damage claim.

As quickly as possible following a collision in Fort Wayne, you should also retain the services of an accomplished Delventhal Law Office, LLC. To safeguard the evidence, your attorney will thoroughly investigate the accident before it is lost, cleaned up, or destroyed. 

Having legal counsel sooner will increase your chances of winning your case. It will be possible for your lawyer to thoroughly investigate the incident before it is too late and the witnesses’ memories are faded.

If I Was Partly at Fault, Can I Get Compensation?

In terms of injuries from auto accidents and claims for property damage, Indiana is a “fault” state. In other words, if a driver in a collision is found at fault, the other driver can seek damages from the at-fault party, which could include:

  • Expenses for medical care
  • vehicle replacements or repairs
  • lost income
  • suffering and pain

Prior to granting compensation, each party must establish its level of fault. Depending on how much of the accident was their fault, a driver will have to pay the opposing party.

According to Indiana law, determining who is at fault for an accident relies on a doctrine called “comparative negligence,” often referred to as the “51% rule.” This means that if you cause an accident and are at least somewhat responsible for it, you may be entitled to compensation. Unless you were at least 51 percent responsible for the mishap, you would not be entitled to compensation.

In other words, if the collision caused your total award to be $100,000, but you were found to be 40% at fault for it, your payment would be reduced by 40%. Consequently, you would eventually receive $60,000 back.

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