What should I do after a car accident in Indiana?
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
2. Mandatory Reporting
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
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.
- 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
- 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.