317-488-5500 
After a serious car accident, many people assume the other driver’s insurance will simply pay what is fair. Once the first offer arrives, it becomes clear that liability disputes, questions about past medical issues, and disagreements over “how bad” the crash was can stand between you and a full recovery. At that point, the question shifts from “Will the insurer pay?” to “Do I need to sue the at-fault driver to be treated fairly?”
In Indiana, suing the negligent driver is part of a broader strategy that often starts with an insurance claim. Understanding how fault is assigned, how long you have to file, and what evidence persuades insurers and juries is critical before you decide to move forward. If your injuries are significant or your claim is being minimized, speaking with an experienced car accident lawyer from Christie Bell & Marshall can help you evaluate whether a lawsuit is likely to improve your outcome and what it would involve.
This article explores the legal process of suing an at-fault driver in Indiana after a car accident, covering when a lawsuit becomes necessary, what evidence strengthens your case, and how Indiana’s comparative fault rules affect your ability to recover damages.
When Can You Sue the At-Fault Driver After a Car Accident?
Indiana follows a fault-based system, which means the driver who caused the crash is responsible for the resulting harm. In many cases, claims resolve through negotiation with the at-fault driver’s insurance company (without filing a lawsuit). Suing becomes more likely when:
- The insurer denies liability or blames you for the crash.
- The insurer accepts fault but offers far less than your documented losses.
- Your injuries are permanent or life-changing, and future costs are disputed.
- There are questions about multiple at-fault parties, such as employers or contractors.
A lawsuit is a formal way to require the at-fault driver and their insurer to participate in discovery, share evidence, and submit the dispute to a judge or jury if settlement efforts fail. It is not always necessary, but it is often the path to a fairer outcome, especially in high-stakes cases.
Indiana Laws That Shape Lawsuits Against At-Fault Drivers
Two of the most important legal frameworks that control your ability to sue the at-fault driver in Indiana include the statute of limitations and the comparative fault system.
On the one hand, Indiana Code § 34-11-2-4 mandates that most personal injury lawsuits must be filed within two years of the date of the accident. If you wait longer than that, the court can dismiss your case, even if liability is clear and your injuries are severe.
Additionally, fault allocation is governed by Indiana’s comparative fault rules, as outlined in Indiana Code § 34-51-2. According to these rules, you can sue the at-fault driver if you are 50 percent or less at fault for the accident, but your percentage of fault also reduces your compensation proportionately. These rules make fault a central issue in every lawsuit against an at-fault driver and explain why insurers focus so heavily on shifting blame.
Evidence That Helps Prove the At-Fault Driver’s Negligence
To win a lawsuit against an at-fault driver, you must prove they breached a duty of care and that this breach caused your injuries. Useful evidence includes:
- Police crash reports and officer diagrams.
- Photographs of vehicle damage, skid marks, and intersection layout.
- Surveillance or traffic camera footage, if available.
- Event Data Recorder information that shows speed and braking.
- Medical records that tie your injuries to the collision.
- Witness statements describing how the crash happened.
Generally, the stronger your evidence, the less room there is for the defendant or insurer to argue that something else caused your injuries.
Insurance Claim First, Lawsuit If Needed
If you’re wondering when to file an injury claim after a car accident, you should know that most cases start as insurance claims. You present evidence, document your injuries, and request compensation up to the policy limits. Suing the at-fault driver is typically the next step only when:
- The insurer disputes fault despite clear evidence.
- Medical experts disagree over the severity or cause of your injuries.
- Settlement offers do not account for future care or long-term limitations.
- The crash involved aggravated conduct, such as drunk or reckless driving.
Filing suit does not guarantee a trial. Many cases settle after the lawsuit is filed, once both sides see each other’s evidence, expert opinions, and witness testimony.
How Comparative Fault Affects Suing the At-Fault Driver
Because Indiana uses modified comparative fault, you should expect the defense and the insurer to argue that you share responsibility. They may claim you were speeding, following too closely, distracted, or failed to react reasonably. For example:
- If a jury finds you 20 percent at fault and your total damages are $200,000, you can recover $160,000.
- If a jury finds you 55 percent at fault, you recover nothing, even with serious injuries.
A strong lawsuit against the at-fault driver addresses comparative fault directly, explaining your actions and putting them in context so that your share of responsibility, if any, remains below the 51 percent threshold.
What Damages Can You Recover From the At-Fault Driver?
When you sue the driver who caused the crash, you are asking to be compensated for the losses the collision created. Depending on the circumstances, this may include:
- Past and future medical bills, including surgery, therapy, and rehabilitation.
- Lost wages and reduced earning capacity if you cannot return to your prior work.
- Out-of-pocket costs, such as transportation, home modifications, or assistive devices.
- Pain, emotional distress, and loss of enjoyment of life.
- Damage to your vehicle and personal property.
Talk With an Attorney About Suing the At-Fault Driver in Indiana
Suing the at-fault driver after a car accident is a significant decision, but it is often the most effective way to secure compensation that reflects the true impact of your injuries. If you are recovering from a car accident in Indiana, an attorney from Christie Bell & Marshall can review your police report, medical records, and insurance file to determine whether a lawsuit is likely to improve your outcome and what steps are needed next.
You can contact us to schedule a free consultation. An experienced attorney will be ready to discuss your options, outline how Indiana law applies to your situation, and help decide whether pursuing a lawsuit against the at-fault driver is the right move for you.
FAQs About Suing the At-Fault Driver in Indiana
Do I have to sue the at-fault driver, or will insurance pay without a lawsuit?
You are not required to sue in every case. Many injury claims resolve through negotiation when the evidence is clear and the injuries are well documented. However, lawsuits become necessary when insurers dispute fault, challenge long-term medical needs, or offer significantly less than your losses.
How long do I have to file a lawsuit against the at-fault driver?
Most injury lawsuits must be filed within two years of the accident. Waiting too long can bar your right to compensation entirely.
What if the at-fault driver’s insurer claims I am partially responsible?
Indiana uses a modified comparative fault rule, so your percentage of fault reduces your compensation. You cannot recover at all if you are more than 50 percent responsible.
Can I sue if the at-fault driver has minimal insurance?
Yes. When the at-fault driver’s policy limits are too low, suing allows you to pursue additional damages through personal assets or other liable parties. In some crashes, employers, contractors, or vehicle owners may share fault depending on how the collision occurred.
Will my case go to trial if I sue the at-fault driver?
Most cases settle before trial. A lawsuit simply opens the discovery process, which includes exchanging evidence, taking sworn statements, and using expert evaluations. Once both sides understand the strength of the documentation, settlement becomes more likely.
What damages can I recover by suing the at-fault driver?
You may pursue compensation for medical treatment, future care needs, lost wages, reduced earning capacity, vehicle damage, and the physical and emotional impact of the collision.
Should I talk to the at-fault driver’s insurer without legal advice?
Insurance adjusters often seek statements that limit their liability. Provide basic information when necessary, but avoid discussing fault, pain levels, or recovery predictions. Many injured people benefit from consulting an attorney before giving a recorded statement to prevent accidental inconsistencies.
Call 317-488-5500 or complete a Free Case Evaluation form