Car Accident Claims in Indiana
Minimum car insurance in Indiana, whether the state is no-fault, how fault is shared, and the deadline to sue after a crash.
Short answer: If a crash injures or kills another person, the driver must, as soon as possible, make sure law enforcement (local police, sheriff, or state police) is notified. Indiana Driver's Manual, Chapter 8 (Indiana BMV); IC 9-26-1-1.1
| Reporting a crash to police | If a crash injures or kills another person, the driver must, as soon as possible, make sure law enforcement (local police, sheriff, or state police) is notified. After hitting an unattended vehicle or other property, if the owner cannot be found, the driver must call a law enforcement agency to provide their information. Facts are from the official BMV driver's manual. The manual does not state a property-damage dollar threshold. |
|---|---|
| Crash report to the DMV | After a crash, if the Indiana BMV requests it, the driver must provide proof of financial responsibility. The driver's insurance company must electronically file a Certificate of Compliance (COC) showing the driver had insurance meeting the state minimums at the time of the crash. This is an insurance-proof filing made on BMV request, not a general crash report. |
| Leaving the scene (hit and run) | A driver in a crash must stop immediately at or as close as possible to the scene without blocking traffic more than necessary. If the crash is on the traveled part of a highway, the driver must move the vehicle off the road nearby, unless the crash involves hazardous materials or causes injury, death, or entrapment. The driver must stay at the scene and give their name, address and vehicle registration number to everyone involved and show their driver license. If anyone is injured or killed, the driver must give reasonable help to those injured or trapped as directed by police, medical personnel, or a 911 operator. For an unattended vehicle or property, the driver must stop, stay, try to notify the owner, and call police if the owner cannot be found. |
| Minimum car insurance | Minimum financial responsibility is $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one accident, and $25,000 for property damage (25/50/25, the property amount effective July 1, 2018). Source: Ind. Code § 9-25-4-5 |
| Fault rule (comparative negligence) | Modified comparative fault (51% bar). An injured person is barred from recovery if his or her fault is greater than the combined fault of all others whose fault contributed to the damages; otherwise damages are reduced in proportion to his or her fault. Source: Ind. Code § 34-51-2-6 |
| Deadline to sue for an injury | A lawsuit for injury to a person must be filed within two years after the cause of action accrues. Claims for injury from childhood sexual abuse have longer deadlines. Source: Ind. Code § 34-11-2-4 |
| Deadline to sue for property damage | A lawsuit for injury to personal property (such as a vehicle) must be filed within two years after the cause of action accrues. Source: Ind. Code § 34-11-2-4(a)(2) |
More Indiana personal injury & wrongful death
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FAQ
When do you have to report a car accident to the police in Indiana?
If a crash injures or kills another person, the driver must, as soon as possible, make sure law enforcement (local police, sheriff, or state police) is notified. After hitting an unattended vehicle or other property, if the owner cannot be found, the driver must call a law enforcement agency to provide their information.
Do you have to report a car accident to the DMV in Indiana?
After a crash, if the Indiana BMV requests it, the driver must provide proof of financial responsibility. The driver's insurance company must electronically file a Certificate of Compliance (COC) showing the driver had insurance meeting the state minimums at the time of the crash.
What are your duties after a car accident in Indiana?
A driver in a crash must stop immediately at or as close as possible to the scene without blocking traffic more than necessary. If the crash is on the traveled part of a highway, the driver must move the vehicle off the road nearby, unless the crash involves hazardous materials or causes injury, death, or entrapment. The driver must stay at the scene and give their name, address and vehicle registration number to everyone involved and show their driver license. If anyone is injured or killed, the driver must give reasonable help to those injured or trapped as directed by police, medical personnel, or a 911 operator. For an unattended vehicle or property, the driver must stop, stay, try to notify the owner, and call police if the owner cannot be found.
What is the minimum car insurance required in Indiana?
Minimum financial responsibility is $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one accident, and $25,000 for property damage (25/50/25, the property amount effective July 1, 2018).
Can you recover damages if you were partly at fault in Indiana?
Modified comparative fault (51% bar). An injured person is barred from recovery if his or her fault is greater than the combined fault of all others whose fault contributed to the damages; otherwise damages are reduced in proportion to his or her fault.
What is the statute of limitations for personal injury in Indiana?
A lawsuit for injury to a person must be filed within two years after the cause of action accrues. Claims for injury from childhood sexual abuse have longer deadlines.
How long do you have to sue for property damage in Indiana?
A lawsuit for injury to personal property (such as a vehicle) must be filed within two years after the cause of action accrues.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.