What to do after a car accident in Indiana
Every rule below is quoted from Indiana law or a state agency, with a link. Checked September 17, 2026.
At fault state
The short answer
Indiana is an at-fault state. The insurance of the driver who caused the crash is responsible for paying the other driver's injuries and damage. A driver in a crash that hurts or kills someone must notify police, the sheriff or 911 right away. If the crash only damaged property, the driver must try to find and notify the owner, and call law enforcement if the owner cannot be found. You have 2 years from the crash to sue for your injuries.
Deadlines in Indiana
- 2 years
- to sue for injuriesIndiana Code 34-11-2-4
- 2 years
- to sue for car or property damageIndiana Code 34-11-2-4
- 2 years
- for a family to sue after a deathIndiana Code 34-23-1-1
- 180 days (local); 270 days (state)
- to notify the government if a public vehicle or road was involvedIndiana Code 34-13-3-6 (state); 34-13-3-8 (political subdivision, 180 days)
Miss one of these and you can lose the right to claim, even with a strong case.
At the scene
Stop, share your information and help anyone hurt
After a crash, a driver must stop right away, give their name, address and vehicle registration, show their license if asked, and help any injured person as directed by police, medical staff or a 911 operator.
“the operator shall immediately stop the operator's motor vehicle at the scene of the accident ... give the operator's name and address and the registration number of the motor vehicle ... provide reasonable assistance to each person injured in or entrapped by the accident, as directed by a law enforcement officer, medical personnel, or a 911 telephone operator”
When you must call the police
A driver in a crash that hurts or kills someone must notify police, the sheriff or 911 right away. If the crash only damaged property, the driver must try to find and notify the owner, and call law enforcement if the owner cannot be found.
“the operator shall immediately stop the operator's motor vehicle at the scene of the accident ... provide reasonable assistance to each person injured in or entrapped by the accident, as directed by a law enforcement officer, medical personnel, or a 911 telephone operator”
Moving your car out of traffic
If a crash only damaged the vehicles and no one needs to stay trapped or hazardous cargo is not involved, drivers must move their cars off the road to a safe spot as soon as it is safe to do so, instead of leaving them in the travel lane.
“If, after an operator of a motor vehicle is involved in an accident, the operator's motor vehicle comes to a stop in the traveled portion of a highway, the operator shall, as soon as safely possible, move the motor vehicle off the traveled portion of the highway”
In the days after
Whether you must file a report yourself
If police do not investigate a crash that caused injury, death, or at least $1,000 in damage, the driver must fill out Indiana's own crash report form and send it to the Bureau of Motor Vehicles within 10 days.
“Collisions resulting in injury, death or damage of $1000 or more (as determined by the reporting officer) must be reported on this form within 10 days.”
Getting a copy of the crash report
Indiana crash reports are ordered online through the BuyCrash website for a nominal fee. The official Indiana State Police page does not state the exact fee amount or how long it takes for a report to become available.
“The Indiana State Police makes electronic vehicle crash reports available for a nominal fee through the 'BuyCrash' website at www.BuyCrash.com.”
Who pays for the damage
Indiana is an at-fault state. The insurance of the driver who caused the crash is responsible for paying the other driver's injuries and damage.
“twenty-five thousand dollars ($25,000) for bodily injury to or the death of one (1) individual”
Insurance rules in Indiana
What insurance every driver must carry
Indiana requires liability insurance of at least $25,000 per person and $50,000 per crash for injury, and $25,000 for property damage.
“Minimum liability limits are: Uninsured Motorists: Bodily Injury: $25,000/$50,000 Property Damage: $25,000”
Personal injury protection (PIP)
Indiana does not require drivers to buy personal injury protection. The law only requires liability insurance that pays the other driver when you are at fault.
“twenty-five thousand dollars ($25,000) for bodily injury to or the death of one (1) individual”
If the other driver has no insurance
Insurers must include uninsured and underinsured motorist coverage in every new Indiana auto liability policy unless you reject it in writing.
“Each newly written Indiana auto liability policy must include uninsured and underinsured motorist's coverage unless you reject this in writing.”
Medical payments coverage
Medical payments coverage is optional in Indiana. It is not on the state's list of required minimum coverages, so insurers are not required to include it and you are not required to buy it.
“Minimum liability limits are: Uninsured Motorists: Bodily Injury: $25,000/$50,000 Property Damage: $25,000”
If an insurance company treats you unfairly
You can file a complaint against an insurance company with the Indiana Department of Insurance through its online Consumer Complaint Portal, or by mailing or faxing a written complaint form.
“You may file a complaint using our Online Consumer Complaint Portal.”
The deadline rules, word for word
Deadline to sue for injuries
You have 2 years from the crash to sue for your injuries.
“An action for: (1) injury to person or character; (2) injury to personal property; or (3) a forfeiture of penalty given by statute; must be commenced within two (2) years after the cause of action accrues.”
Deadline to sue for car damage
You have 2 years from the crash to sue over damage to your vehicle or other property. Indiana uses the same 2 year deadline for injury and for property damage.
“An action for: (1) injury to person or character; (2) injury to personal property; or (3) a forfeiture of penalty given by statute; must be commenced within two (2) years after the cause of action accrues.”
Deadline for a wrongful death claim
You have 2 years from the death to sue over a death caused by a crash.
“When the death of one is caused by the wrongful act or omission of another, the action shall be commenced by the personal representative of the decedent within two (2) years”
If a government vehicle or road was involved
If a city, county or other local government vehicle or road is involved, you must file a notice of claim within 180 days of the crash. If a state government vehicle or state road is involved, you must file notice with the Attorney General or the state agency within 270 days of the crash.
“a claim against the state is barred unless notice is filed with the attorney general or the state agency involved within two hundred seventy (270) days after the loss occurs”
Sources on this page
Each one was opened and checked on September 17, 2026.
- Indiana Code 9-25-4-5
- Indiana Code 34-51-2-6
- Indiana Code 34-11-2-4
- Indiana Code 34-23-1-1
- Indiana Code 34-13-3-6 (state); 34-13-3-8 (political subdivision, 180 days)
- Indiana Code 9-26-1-1.1
- Indiana BMV State Form 52441 (SR21), Operator's Proof of Insurance/Crash Report, instructions
- Indiana Department of Insurance, Auto Insurance page; Indiana Code 9-25-4-5
- Indiana Code 9-26-1-1.2
- Indiana State Police, Crash Reports
- Indiana Department of Insurance, File an Insurance Company Complaint
- Indiana Rules of Professional Conduct, Rule 1.5
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.