Indiana Modified Comparative Negligence Calculator

Indiana only cuts you off once your fault actually exceeds 50% — a 50-50 split still pays half. See exactly where the 51% line falls for your claim.

Modified comparative negligence, 51% bar FigureMyTax Editorial Team Free · no sign-up

Where does your fault percentage land?

Enter your estimated damages and your best estimate of your own share of fault. In Indiana, exactly where you land relative to 50% and 51% changes everything.

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Indiana's rule: barred only when you exceed 50%

Under Ind. Code § 34-51-2-6, if a claimant is found to be more than 50% responsible for their own injuries, they are barred from recovering any compensation. Read the other way: a claimant found 50% or less at fault is not barred, and their damages are instead reduced in proportion to their own share of fault.

The 50/51 distinction, precisely

A claimant found exactly 50% at fault still recovers half of their damages under Indiana's rule, because 50% is not more than 50%. A claimant found 51% at fault recovers nothing at all. This is what makes Indiana a genuine "51% rule" state, more forgiving than the smaller group of states that bar recovery at fault merely equal to the defendant's.

Worked example

Someone with $100,000 in damages, found 30% at fault, recovers $70,000 — reduced by their own share, since 30% is not more than 50%. That same person, found 51% at fault instead, recovers nothing at all, even though their share of responsibility only shifted by a single percentage point past the midpoint.

The same rule, even against a government entity

Indiana's comparative negligence principles generally apply the same way to a claim against a government entity as they do to a claim against a private party — the fault comparison itself doesn't change. What does change is the separate, much shorter Tort Claims Act notice process that has to be satisfied first before a government claim can even proceed to that fault comparison.

Why the fight over fault stays intense near the 50/51 line

Because the practical difference between a 50% finding and a 51% finding is the difference between a substantial recovery and zero, insurers have a real, concentrated incentive to argue a claimant's fault upward toward that exact threshold. See our guide to how adjusters build a fault argument in Indiana for what that negotiation actually looks like.

Indiana comparative negligence — frequently asked questions

Does Indiana use a 50% or 51% bar for comparative negligence?

A 51% bar. Under Indiana Code § 34-51-2-6, a claimant is barred from recovery only if they are found more than 50% at fault — so fault of exactly 50% still allows a reduced recovery.

What happens if I'm found 51% at fault in Indiana?

You recover nothing. Indiana bars recovery once a claimant's fault is more than 50% responsible for their own injuries — 51% crosses that line.

What happens if I'm found exactly 50% at fault in Indiana?

You can still recover half your damages. Because Indiana's bar applies only when fault is more than 50%, a 50-50 split still allows a reduced recovery.

Does Indiana's comparative negligence rule apply to claims against the government?

Yes, the same fault-comparison principles generally apply, though claims against government entities also involve the separate, much shorter Tort Claims Act notice requirements.

Who decides the fault percentage in an Indiana claim?

The trier of fact, typically a jury, compares the claimant's own degree of fault to that of the defendant or defendants.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Indiana statute (Ind. Code § 34-51-2-6) verified per our methodology. Confirm how these rules apply to a specific claim with a licensed Indiana attorney before acting.