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Failing to report a car accident properly in Indiana can lead to consequences that include legal penalties and complications with insurance claims. To protect your rights, it’s crucial to understand the difference between minor accidents that don’t require reporting and those that must be reported.
With over 40 years of personal injury law experience, our attorneys at Christie Farrell Lee & Bell can explain how to file a car accident claim in Indiana and ensure you meet all legal requirements. Here, we’ll cover when you must report a car accident and the steps you should take to protect your legal rights.
When Do You Have to Report a Car Accident in Indiana?
Reporting an accident is one of the essential steps to take after a car accident in Indiana. According to Indiana Code § 9-26-1-1.1, you must report a car accident if it involves:
- Injury or death
- More than $1,000 in property damage
- Damage to public property, such as street signs or guardrails
In these situations, you’re legally required to contact the police to create an official record of the accident, which can also be crucial for insurance claims and legal purposes. Additionally, you must file a report with the Bureau of Motor Vehicles (BMV) within 10 days.
Filing a police report is also advisable for minor accidents to avoid complications with insurers. Most insurance companies require you to report accidents, so check your policy to protect your ability to file a claim. Contacting your insurer as soon as possible ensures you comply with their requirements and preserves your right to coverage.
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317-488-5500
What Happens If You Don’t Report a Car Accident in Indiana?
Failing to report a car accident when legally required can result in the following consequences:
- Driver’s license suspension: The BMV may suspend your driving privileges if you fail to file a required accident report.
- Class C misdemeanor charges: Not reporting an accident can lead to fines of up to $500 and up to 60 days in jail.
- Insurance complications: Insurers may deny claims without an official accident report, arguing the accident wasn’t correctly documented or never occurred.
Ignoring your legal obligations can seriously impact your ability to recover damages from an accident. Working with an attorney from Christie Farrell Lee & Bell will help you navigate these requirements and avoid costly mistakes.
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How to Report a Car Accident in Indiana
Reporting a car accident in Indiana involves several steps:
- Calling 911: For accidents involving injury or significant property damage, emergency responders will document the scene and file an official report. This is crucial to establish what happened and who may be at fault.
- Filing a report with the BMV: If required, you must complete the official accident report and submit it to the BMV within 10 days. Failing to do so can lead to penalties and complications with insurance claims.
- Contacting your insurance company: Even if the accident doesn’t meet the legal threshold for reporting, you may still need to notify your insurer. Failing to report the incident could result in the denial of your claim.
Promptly reporting an accident not only serves insurance purposes but also preserves your legal rights. The car accident statute of limitations in Indiana limits the time you have to file a personal injury lawsuit, so creating an official record through police and BMV reports can be crucial if you decide to pursue legal action later.
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Will Reporting an Accident Affect Your Insurance?
Reporting an accident to your insurer can cause your premiums to increase, especially if you’re found partially or fully at fault. However, failing to report the incident can have even more severe consequences, including coverage denial when you attempt to make a claim.
Additionally, when you report an accident, insurers investigate the incident to determine each party’s percentage of fault. Indiana follows a modified comparative fault system under Indiana Code § 34-51-2, so if your insurer or the other party’s insurer determines you’re 51% or more at fault, you cannot recover compensation.
Because of this, accurately reporting the accident and providing clear evidence with the help of a skilled lawyer is essential for minimizing your level of fault.
Lastly, if the other driver is at fault but lacks coverage, UM/UIM insurance may apply. Our lawyers can assist you with uninsured or underinsured motorist claims to ensure you receive the compensation you deserve.
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What If the Other Driver Refuses to Report the Accident?
Even if the other driver refuses to report the accident, you must still fulfill your legal obligations if the incident meets reporting thresholds.
In hit-and-run accident cases, where the other driver leaves the scene, contacting the police is essential. When the other party is trying to avoid responsibility, failing to file a report can make it difficult to prove liability and obtain compensation.
Without an official report, insurers may challenge your version of events and deny your claim. So, to protect your legal rights after getting hit by a car in Indiana, you should always report car accidents and consult an attorney to ensure your claim is properly documented.
How Long Do You Have to File an Insurance Claim After an Accident?
Most insurance companies require claims to be filed within 30 days of the accident. However, some policies have stricter timelines, so review your coverage and act quickly to be sure.
Additionally, under Indiana Code § 34-11-2-4, you have two years to file a personal injury lawsuit. Exceptions exist, such as when the victim is a minor or when an injury is discovered later. If you’re unsure how long a car accident settlement takes, a lawyer from our team can provide clarity and tailored advice during a free consultation.
Contact an Indiana Car Accident Lawyer for a Free Consultation
In need of legal help after a crash? Our experienced attorneys at Christie Farrell Lee & Bell can help. With over 40 years of experience handling personal injury claims in Indiana, we know what it takes to pursue maximum compensation.
Whether you’re dealing with insurance complications or need guidance on filing a claim, we’re here to provide the support you need. Contact an experienced Indiana car accident lawyer today for a free case review.
Call 317-488-5500 or complete a Free Case Evaluation form