What to Do After a Car Accident in Indiana

Few things rattle you like a car crash. In the first minutes your judgment is clouded and the decisions you make affect both your health and any later injury claim. This guide walks through what to do after a car accident in Indiana, in order, whether it happened on Interstate 80/94 through Lake County or on a side street in Valparaiso.

1. Stop and get to safety

Indiana law requires drivers to stop at the scene of a crash. Move vehicles out of traffic only if they are drivable and it is safe, otherwise leave them and get yourself to the shoulder. Turn on hazard lights. On the high-speed Region expressways, staying in a damaged car in a live lane is one of the most dangerous things you can do.

2. Call 911

Call the police if anyone is hurt, if there is a death, or if there is significant property damage. Officers will document the scene and file a crash report, which becomes important evidence later. Even for a minor collision, a police report creates a neutral record of what happened and who was involved.

3. Check for injuries and get medical care

Adrenaline masks pain. Soft-tissue injuries, concussions, and back injuries often do not show up until hours or days later. Get checked out, and if you feel anything afterward, see a doctor promptly. Beyond protecting your health, a documented medical record connecting your injuries to the crash is one of the most important pieces of any claim. Gaps in treatment are the first thing an insurer uses to argue you were not really hurt.

4. Exchange information

Get the other driver's name, contact information, driver's license number, license plate, and insurance company and policy number. Note the make, model, and color of each vehicle. Be polite but do not apologize or admit fault at the scene, even casually. Fault is a legal question decided later, and an offhand "I'm so sorry" can be twisted into an admission.

5. Document the scene

Use your phone. Photograph all vehicles and their damage, the position of the cars, skid marks, traffic signals, the broader scene, and any visible injuries. Get the names and numbers of witnesses, because they disappear fast. If there are nearby businesses or traffic cameras, note them, since that footage can be requested later.

6. Report the crash to your insurer

Notify your own insurance company promptly, as most policies require. Stick to the facts. You are not required to give a recorded statement to the other driver's insurance company, and it is usually wise to talk to a lawyer before you do, because those statements are taken to limit what the company pays.

Indiana is an at-fault state

Indiana follows an at-fault (tort) system, which means the driver who caused the crash, through their insurance, is responsible for the resulting damages. Indiana also uses modified comparative fault, so if you are partly to blame, your recovery shrinks by your share and disappears entirely if you are more than 50 percent at fault. Indiana's financial-responsibility law requires minimum liability coverage of $25,000 per person, $50,000 per crash, and $25,000 for property damage. You can read the basics from the Indiana Bureau of Motor Vehicles.

Watch the deadline

Most Indiana car-accident injury claims must be filed within two years. If a government vehicle or a poorly maintained road is involved, a much shorter notice deadline can apply under the Indiana Tort Claims Act. Do not wait until the deadline is close to figure out your options.

When to talk to a lawyer

For a minor scrape with no injuries, you may handle it with the insurance companies yourself. If anyone was hurt, if fault is disputed, or if an insurer is pressuring you to settle quickly, it is worth a free consultation with an injury attorney. Our guide on how to choose an injury lawyer explains what to look for. If money is the worry, remember that injury lawyers generally work on contingency, so there is no upfront cost.