Car accidents in Indiana: what to do and who pays

At the scene and reporting a crash in Indiana

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police

Stop, stay at the scene, give your name, address and plate number to anyone involved, and show your driver's license. If anyone is hurt or killed, help as directed and make sure police (city police inside a city; otherwise the sheriff or nearest State Police post) or 911 are told right away. If you hit an unattended car or other property and cannot find the owner, call police. Police must investigate any crash with injury, death or apparent property damage of at least $2,500.

Report to the state

Drivers do not file their own crash report. Within 45 days after the BMV gets a police crash report, it asks every driver named in it, whatever the fault, for proof of insurance. Your insurer must file a Certificate of Compliance (COC) within 90 days of the BMV's request, or your license and/or registration is suspended.

Law

IC 9-26-1-1.1(a); IC 9-26-2-1; IC 9-25-5-2; IC 9-25-2-1.4; IC 9-25-6-3

Official text

Read the official text

First 24 hours after a crash in Indiana

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in Indiana

Indiana is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

System

Fault (tort)

PIP, benefits and when you can sue

No PIP required. Indiana requires liability insurance (25/50/25), so the driver who caused the crash and their insurer pay for others' injuries and damage. Medical payments coverage is optional.

Law

IC 9-25-4-5; Indiana Department of Insurance: Auto insurance

Official text

Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in Indiana

Rule

Modified (51% bar)

What it means

In Indiana, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Law

IC 34-51-2-6 (you are barred only if your fault is greater than the fault of all others whose fault contributed; otherwise damages are reduced by your share). The comparative fault law does not apply to claims against government entities or public employees (IC 34-51-2-2).

Compare every state's rule in the comparative negligence table.

Who pays in Indiana: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in Indiana

Liability minimum

25/50/25

Uninsured / underinsured motorist (UM/UIM)

Every policy must include uninsured and underinsured motorist coverage, at least equal to your bodily injury liability limits, unless you reject it in writing (IC 27-7-5-2). IDOI lists the minimums as $25,000/$50,000 uninsured motorist bodily injury, $25,000 uninsured motorist property damage, and $50,000 underinsured motorist.

Official text

Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in Indiana

Indiana State Police keeps all Indiana crash reports in a central repository and sells electronic copies for a small fee through BuyCrash (www.BuyCrash.com). https://www.in.gov/isp/crash-reports/

You can also ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in Indiana

How fast insurers must act

IC 27-4-1-4.5 lists unfair claim settlement practices, including failing to acknowledge claims reasonably promptly, failing to affirm or deny coverage within a reasonable time after proof of loss, not trying in good faith to settle when liability is reasonably clear, and, in liability claims, blaming you for part of the crash despite an obvious absence of fault on your part. The statute sets no fixed number of days.

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in Indiana

Indiana law bars driving without the required insurance. After a crash report, the BMV asks for proof of insurance; if your insurer does not file a Certificate of Compliance within 90 days, your license and/or registration is suspended. The suspension can be stayed for 180 days if you file proof of future insurance (SR22) (IC 9-25-6-3). If the other driver has no insurance, your own uninsured motorist coverage (included unless you rejected it in writing) can pay. A driver who does not pay a crash judgment over $200 within 90 days can lose their license for up to 7 years (IC 9-25-6-4).

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in Indiana

Property damage (your car)

2 years

Injury

2 years

Notes, including claims against a government

Claims against a city, county or other political subdivision: written notice within 180 days to its governing body and, if it is a member, the political subdivision risk management commission (IC 34-13-3-8). Claims against the State: notice to the attorney general or the state agency involved within 270 days (IC 34-13-3-6). The notice must state the facts, the amount of damages sought and your address (IC 34-13-3-10).

Law

IC 34-11-2-4 (injury to person or personal property: 2 years)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in Indiana

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in Indiana

Small claims limit

$10,000 (also in Marion County township small claims courts).

Indiana small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in Indiana

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

• Indiana Department of Insurance, Consumer Services · 1-800-457-8283

Free help in Indiana

• Indiana State Police: Crash reports
• Indiana Department of Insurance · 1-800-457-8283
• Indiana BMV: Proof of financial responsibility

Good to know in Indiana

• After any crash the BMV learns about from a police report, each driver must show proof of insurance through a Certificate of Compliance filed by their insurer within 90 days, or lose their license (IC 9-25-5-2, 9-25-6-3; Indiana BMV).
• You can still recover if you were up to half at fault, but not if your fault is greater than everyone else's combined (IC 34-51-2-6).
• A claim against a city or county needs written notice within 180 days; against the State, within 270 days (IC 34-13-3-6, 34-13-3-8).

Changes in 2024–2026

From January 1, 2028, proof of insurance can also be checked through a secure online insurance verification system (P.L.227-2025; IC 9-25-4-7, 9-25-4-8). No change found to minimum limits, comparative fault or the 2-year limit.

Free letters

Questions about car accidents in Indiana

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