Do you know what you are required to do after you get into a car accident, as per Indiana law? The law requires you to complete the accident report filing in Indiana. Many drivers forget this requirement or are not aware of it. Even worse, they may think that reporting car accidents in Indiana is only for serious car crashes.
The truth is that you should report a car accident as soon as the accident occurs. Failing to do so may have major consequences and make it difficult for you to recover money from your insurance claims. Wagner Reese is a personal injury law firm that provides legal advice for Indiana accidents. In this blog post, we explain when you need to report a car accident and how a car accident attorney in Indiana can help you if you find yourself struggling to recover the settlement you deserve from the negligent driver who caused your injuries.
What Are the Indiana Accident Reporting Requirements?
According to Indiana Code § 9-26-1-1.1, all motorists are required to report a car accident when it causes significant property damage over $1,000, someone suffers bodily injury, or a person has not survived the crash. Additionally, if there is an unattended vehicle, such as a parked car, and you can’t find the owner, you are obligated to make an accident report.
While making a car accident report is required by Indiana law, you’ll also need to report your accident to the insurance company. This is separate from the law and will be guided by the deadlines provided by your insurance company in your auto insurance policy. Failing to alert your insurance company of a car accident may come back to haunt you if you are later involved in a personal injury claim or personal injury lawsuit with the other driver.
What About a Minor Car Accident?
Do you need to make an accident report for a minor crash? It’s in your best interests to report a car accident, no matter how minor. One of the biggest reasons is your insurance company. Having documentation from an accident report will be helpful with your personal injury claim.
Another reason is that you may find your injuries are worse than you thought, or your property damage is more costly than you realized. Accident victims will need to file a report with the Bureau of Motor Vehicles within 10 days of the crash, though if you call the police to the accident scene, this will be handled by the responding officers.
The other driver involved in the car accident may try to talk you into settling this between yourselves. An Indiana car accident lawyer will tell you this is ill-advised because it could impact your car accident claim when you fail to file an Indiana crash report. Additionally, you are still legally obligated to report the accident either to the Bureau of Motor Vehicles or by calling the police to the scene.
Steps to Take Immediately Following a Car Accident in Indiana
Do you know what to do when you get in a car crash? If you get into a car accident in Indiana, you should know the right steps to avoid trouble with the law and protect your legal rights in a personal injury lawsuit.
Stay at the Scene
In the Indiana law code mentioned previously, you must not leave the scene after a crash occurred. You must stay and exchange information with all parties involved, including contact information, insurance coverage information, driver’s license numbers, and license plates.
Immediately Notify the Nearest Law Enforcement Agency
Accident victims should call the Indiana state police, even for minor accidents, to avoid any potential problems and to file an accident report. Not moving your car after a crash is only advised if you are trapped, the vehicle is disabled, or you are severely injured. Tell the 911 operator to have them send paramedics if you are hurt, or if you see that anyone else has been injured.
Seek Medical Attention Immediately
It is possible to sustain injuries, even in an accident with only minor damage. In order to make insurance claims for bodily injury, you will need the medical records detailing your injuries. The best case scenario is that you have no injuries, but if you have a serious bodily injury, you’ll want documentation that allows you to recover compensation for your medical bills and other financial losses.
Gather Evidence
Following the legal requirements by filing a crash report or having the police file a police report provides vital evidence. Taking photos and videos can also help you prove what happened so you can recover compensation.
Contact an Indiana Car Accident Lawyer
A car accident attorney can help you with insurance claims and take other actions to help you get maximum compensation. They will also guide you through the process, ensuring you submit a crash report and telling you not to admit fault. If an accident resulted in serious injuries, you can set up a free case review to discuss your car accident in Indiana and learn more about your legal options.
Legal Obligations to Report a Car Crash and Potential Consequences of Failing to Make a Crash Report
Under the Indiana car accident law code mentioned previously, there are consequences for those who fail to report an accident to the proper authorities. If you or the other driver does not take this step, it could mean that criminal charges will be applied. Typically, it is a Class B misdemeanor with up to 60 days in jail and up to $500 in fines if you do not report an accident.
Additionally, if anyone fails to report accidents and there is a car accident resulting in bodily injury, it is upgraded to a Class A misdemeanor. Serious bodily injuries will be upgraded to a level 6 felony.
Anyone who fails to report an accident on a previous occasion within the last five years may also face a level 6 felony. Anyone who causes another person catastrophic injuries or causes a crash that results in a fatality and fails to report the accident will face level 4 felony charges. A driver who is intoxicated and intentionally fails to stop at the scene or file an accident report when the crash causes serious or catastrophic injury or death will face level 3 felony charges.
In short, you are better off submitting a crash report or having the police do it for you. It will prevent you from facing major legal consequences in the aftermath.
How an Indiana Car Accident Attorney Can Help After a Crash
If you were involved in an accident that left you with injuries, having an official record by following reporting requirements is a great piece of evidence. However, you will need more proof to avoid being partially blamed for your injuries.
With modified comparative negligence, under Indiana Code § 34-51-2-6, you will be barred from the right to financial recovery if your percentage of fault is greater than the fault of the other driver. The problem is that the insurance agent for the insurance provider representing the other driver may try to claim you were more at fault to either reduce your payout or deny your claim.
When that happens, you’ll be stuck with the bills for your medical treatment. You may also be unable to work, leading to lost income until you heal. Some victims may never be able to work again, leaving them in a difficult financial situation as a result of another driver’s negligence.
Working with an experienced attorney ensures that you have someone who is looking out for your best interests. They will investigate and gather evidence, using that to leverage maximum compensation. They will also be prepared to take the case to trial if need be. Contact Wagner Reese today and learn more about how we can help you get fair compensation by scheduling a free consultation.
