Indiana · Comparative Negligence

Indiana Comparative Negligence Rule

Indiana follows a modified 51% bar rule under Ind. Code § 34-51-2-6. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Indiana

Rule type: Modified 51% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Indiana

Indiana’s Comparative Fault Act (IC 34-51-2) bars recovery when the plaintiff’s fault is greater than 50% of the total. Governmental-tort claims retain contributory negligence under separate provisions.

Related: Indiana statute of limitations

Indiana gives you 2 years to file a personal injury lawsuit under Ind. Code § 34-11-2-4.

See the full Indiana statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Indiana attorney before relying on it.

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Indiana Comparative Negligence FAQ

What comparative negligence rule does Indiana follow?

Indiana follows a modified 51% bar rule under Ind. Code § 34-51-2-6. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Indiana?

Yes, up to a point. In Indiana you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Indiana?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Indiana bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Indiana?

Indiana gives you 2 years to file a personal injury lawsuit under Ind. Code § 34-11-2-4.

Where can I read the actual rule?

The controlling authority is Ind. Code § 34-51-2-6. The full text is available at https://law.justia.com/codes/indiana/title-34/article-51/chapter-2/.

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