You need 2 things:

  1. Liability: Did the other driver cause the crash?  Under Indiana law, you must show that the other driver is at least 50% responsible for the crash.  Liability is judged by whether that driver was acting reasonably in the operation of their vehicle.  As the victim, your actions will be evaluated to see whether they were also reasonable or not.
  2. Damages: If you’ve proven liability, were you damaged?  That can be property damage or physical damage.

If you can show the other driver was unreasonable in the operation of their vehicle and that unreasonableness caused the crash which caused injury or damage to you, then you have a claim under Indiana law.

If you have questions about a car crash, give me a call.