See what to do after an Indiana car accident to protect your legal rights and build a strong injury claim.

Roughly 110 people a day are injured or killed on Indiana roadways.¹

Indiana is a traditional fault or “tort” state, meaning you can seek compensation from the at-fault party for your damages. In most cases,  you’ll start with a claim against the at-fault driver’s insurance company.

Here’s what you need to know about Indiana traffic laws and vehicle injury claims.

What to Do After an Indiana Car Accident

Violating Indiana car accident laws can lead to a range of fines and penalties. Take these five steps after a traffic accident to comply with Indiana laws and start building a strong insurance claim.

1. Stay At the Scene and Exchange Information

Indiana laws require drivers to stop and stay at the scene of an accident involving injury. Drivers are required to provide their name, address, and vehicle registration number to the drivers and passengers of the other vehicles. They also must display their driver’s license when asked.

2. Call 911 and Help the Injured

In Indiana, you must promptly report car accidents involving injury or death, and render aid to the injured, including arranging for transportation to a medical facility. Calling 911 to request an ambulance meets these obligations.

3. Seek Prompt Medical Treatment

After a crash, you might be stunned by the impact, or more worried about your family members than yourself. Adrenaline can mask symptoms of serious injuries.

Never refuse or delay medical attention after a crash. Not only are you risking your health, you may be jeopardizing your right to injury compensation. Your injuries must be linked to the accident for the insurance company to accept your claim. If not, the adjuster may challenge the cause of your injuries or argue that you share the blame because you didn’t mitigate your losses.

Let medics evaluate you at the scene. Cooperate if they want to take you to the hospital. If you aren’t transported to the emergency room from the scene, arrange to see your doctor or visit urgent care as soon as possible, preferably on the same day as the crash.

Tell the medical provider about every injury and symptom. Don’t leave anything out. You’re entitled to a full medical evaluation.

4. Gather Evidence From the Scene

Indiana is a traditional fault state, so you can file a claim against the at-fault driver’s auto insurance policy, or file a lawsuit against the at-fault party. In a fault state, it’s up to the claimant to prove the other driver did something wrong or failed to do what any reasonable driver would do to avoid a crash.

The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation. Other types of evidence include:

• Photographs and video of the crash scene
• Names and contact information from witnesses
• Your personal notes about the accident

5. Notify Both Insurance Companies

You need to notify the at-fault driver’s insurance carrier and your own insurer as soon as possible after an accident. Because you’re only putting them on notice, you don’t need to be ready to negotiate a settlement.

Expect to get a letter with a claim number and adjuster contact information. Some adjusters like to offer a fast settlement right away. Don’t be fooled. They might act like they are doing you a favor, but it’s rarely in your interest to discuss settlement while still recovering. Just say you’ll get back to them when you’re ready to talk about compensation.

Why Notify Your Own Insurance Company?

Even if the other driver caused the accident, you are still obligated to notify your own insurance company. Your auto policy is a binding contract that includes a “notification and cooperation” clause. If you fail to comply with the notification clause, you could be in violation of your policy and lose important protections, like the insurer’s duty to defend you against lawsuits.

If you decide to hire an attorney to handle your case, the attorney will handle all communications with both insurance companies.

Serious injury claims are best handled by an experienced personal injury attorney. An attorney will gather the evidence needed to prove the cost of future medical expenses, lost income potential, and your pain, suffering, and emotional distress.

Indiana Fault and Liability Rules

Indiana is a traditional fault state. You don’t have to rely on your own insurance like in a no-fault state. You can pursue the at-fault driver (and other at-fault parties) for the full value of your damages.

To win an insurance claim or court case, you have to prove the other driver was at fault for the accident.

Indiana Shared Fault Rules

Indiana is a 51 percent comparative fault state. This means that you can seek compensation from the other driver so long as you are equally or less to blame. If you are 51 percent or more to blame, you are barred from recovery.

Indiana Car Accident Compensation

The average settlement for a moderate car accident claim in Indiana is $38,960, with average payouts ranging from $4,757 for minor injuries to $206,900 for severe injuries.

Injury settlements in Indiana can vary widely, depending on the circumstances surrounding the crash and the severity of the victim’s injuries.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Marian County, Toney v. Hafley, 49C01-9811-CT-2622, the case was settled for $450 after the court found plaintiffs partially liable for their injuries.
2. In Floyd County, Pask v. Hayes, 22C01-0309-CT-447, the jury awarded $90,000 for whiplash and emotional distress. The defendant denied negligence.

Use our free Indiana Personal Injury Calculator to estimate the value of a minor claim.

Factors that impact Indiana car accident compensation include:

• Injury severity
• Shared negligence
• Available insurance coverage
• Number of vehicles involved
• Number of injured victims

Commercial vehicles, like tractor-trailers, delivery vehicles, or dump trucks often carry higher levels of liability insurance. Accidents caused by company drivers often result in more severe injuries and higher payouts.

Indiana State Minimum Insurance Requirements

Vehicle owners in Indiana must carry insurance liability limits of at least $25,000 per person/$50,000 per accident for bodily injury, and $25,000 for property damage.

Insurers are required to sell policies in Indiana with uninsured motorist coverage (UM) and underinsured motorist coverage (UIM)  equal to the policy’s liability limits. The policyholder has the right to reject UM coverage in writing.

How to Calculate a Minor Injury Settlement

You can estimate the settlement value of a mild to moderate injury claim by adding up your economic damages, like medical bills and lost wages, then adding one to three times that amount to account for your non-economic damages, also known as pain and suffering.

The amount the adjuster will pay for pain and suffering depends on how much your injuries disrupted your life after the accident. A multiple of one is reasonable for a few days in the recliner with ice on your knee. A multiple of two or three is justified for a broken shoulder that kept you from caring for your baby or getting dressed without help for two months.

Serious injury claims should be handled by an attorney to ensure maximum compensation, including the present and future value of medical expenses, lost wages, long-term pain and suffering, and loss of consortium.

Only an experienced personal injury attorney can get the compensation you deserve for fatal injuries to a loved one.