Back to Questions
personal-injuryIN

What should I do after a car accident in Indiana?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Indiana is an at-fault state governed by the Indiana Comparative Fault Act (Ind. Code Title 34, Article 51, Chapter 2).

1. Immediate Steps at the Scene

  • Stop and exchange information (Ind. Code § 9-26-1-1.1). Felony to leave an injury scene.
  • Render reasonable aid.
  • Call 911 for injuries.
  • 2. Mandatory Reporting

  • Police: Required for injury, death, entrapment, or apparent damage exceeding $1,000 (Ind. Code § 9-26-1-1.1).
  • Operator's Report (State Form 54480): Within 10 days if no police investigation AND damage exceeds $1,000.
  • Notify your insurer.
  • 3. Minimum Liability Insurance

    25/50/25 under Ind. Code § 27-7-5-2 for uninsured motorist coverage; underlying liability minimum same.

    4. Modified Comparative Negligence — 51% Bar

    Under Ind. Code § 34-51-2-6, the claimant cannot recover if their fault is greater than 50%. At 50% or less, damages are reduced by the claimant's percentage. The Comparative Fault Act does not apply to claims against governmental entities (which still operate under contributory negligence — Ind. Code § 34-51-2-2).

    5. Statute of Limitations

  • Personal injury: 2 years (Ind. Code § 34-11-2-4).
  • Property damage: 2 years (Ind. Code § 34-11-2-4).
  • Wrongful death: 2 years (Ind. Code § 34-23-1-1).
  • Indiana Tort Claims Act: Notice within 180 days to political subdivision; 270 days to State (Ind. Code §§ 34-13-3-8 to -10).
  • 6. Important: Government Defendants Use Contributory Negligence

    A unique Indiana rule: if you sue a state, county, city, or other governmental entity for negligence, the harsher pure contributory negligence rule applies — even 1% fault bars recovery (Funston v. School Town of Munster, 849 N.E.2d 595 (Ind. 2006)).

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Government defendant — contributory negligence (1% bar) still applies
    • Tort Claims Act notice deadline is 180 or 270 days
    • Insurer alleges you exceeded the 50% fault threshold
    Related Statutes & Laws
    • Ind. Code § 9-26-1-1.1
    • Ind. Code § 27-7-5-2
    • Ind. Code § 34-11-2-4
    • Ind. Code § 34-51-2-6
    • Ind. Code § 34-13-3-8
    • Ind. Code § 34-23-1-1

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.