Car AccidentUpdated March 2026

Just Been in a Car Accident in Indianapolis?

Indiana gives you two years to file and bars recovery if you’re 51% or more at fault. Here’s what to do right now to protect your claim.

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Key Takeaways

  • After a car accident in Indianapolis, check for injuries and call 911 immediately — Indiana law requires reporting any accident involving injury, death, or property damage exceeding $1,000.
  • Indiana's statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit (Ind. Code § 34-11-2-4), but attorneys recommend starting within weeks, not years.
  • Indiana uses a modified comparative fault system (Ind. Code § 34-51-2-6) with a 51% bar — if you are 51% or more at fault, you recover nothing, and your award is reduced by your percentage of fault.
  • Marion County reported approximately 36,500 traffic collisions and 145 traffic fatalities in 2022, the highest of any county in Indiana, with the I-465 loop and the 38th Street corridor among the most dangerous areas.
  • You are not legally required to give a recorded statement to the other driver's insurance company, and doing so before understanding the full extent of your injuries can significantly reduce the value of your claim.
  • Most personal injury attorneys in Indianapolis offer free consultations and work on contingency (typically 33% of the settlement), meaning you pay nothing unless they win your case.
1

Check for injuries and call 911

Your safety comes first — before you think about vehicle damage, insurance, or fault. Take a moment and check yourself and your passengers for injuries.

Call 911 even if injuries seem minor. Under Indiana law, you are required to report any accident involving injury, death, or property damage exceeding $1,000 to law enforcement. The responding officer from the Indianapolis Metropolitan Police Department (IMPD) will create an official crash report — a critical piece of evidence for any future claim.

Adrenaline can mask pain for hours after a collision. Injuries like whiplash, concussions, and internal bleeding frequently have delayed symptoms. Avoid telling anyone at the scene "I'm fine" — that statement can be used against you later by insurance adjusters looking for reasons to minimize your claim.

2

Move to safety if you can

If your vehicle is drivable and you're not seriously hurt, move it to the shoulder or a nearby parking lot to prevent blocking traffic. Turn on your hazard lights. Indianapolis sits at the crossroads of several major interstates — I-465, I-65, I-70, and I-69 — and a disabled vehicle on any of these corridors creates serious secondary accident risk, especially during rush hour.

If you can't move the car, stay inside with your seatbelt fastened until help arrives. Standing on the roadside is dangerous, particularly on the I-465 loop or along high-speed stretches of I-65 and I-70 through downtown.

3

Document the scene

Pull out your phone and photograph everything: all vehicles involved from multiple angles, the intersection or road where the crash happened, traffic signals or signs, skid marks, road conditions, weather, and any visible injuries. These photos become evidence that insurance adjusters and attorneys will rely on.

Exchange information with the other driver: name, phone number, insurance company and policy number, driver's license number, and license plate number. If there are witnesses, ask for their names and contact information — witness testimony can be decisive in a disputed fault claim.

Do not apologize or admit fault at the scene, even if you think you might share some responsibility. Fault determination in Indiana is a legal question that depends on all the evidence, not a split-second impression in the aftermath of a collision.

4

File a police report

If IMPD responded to the scene, they will generate an official crash report. If officers did not respond — which can happen with lower-severity collisions — you can file a report online through IMPD's Coplogic online citizen reporting system or in person.

To obtain a copy of your Indianapolis crash report, you can use the Indiana State Police BuyCrash portal at buycrash.com, which provides digital access to reports for a small fee. You can also request a copy in person from the IMPD Records Division at 50 N. Alabama Street, Room E100, Indianapolis, IN 46204, Monday through Friday. You'll need the date of the accident, location, and names of the drivers involved.

5

See a doctor within 72 hours

Even if you feel fine, see a doctor within 72 hours of the accident. Concussions, herniated discs, soft tissue injuries, and internal bleeding often have delayed symptoms that don't appear until days after the crash. A prompt medical evaluation creates a documented link between the accident and your injuries — without it, the insurance company will argue your injuries were caused by something else.

Indianapolis has several major hospitals and trauma centers. IU Health Methodist Hospital operates the region's only Level I trauma center. Eskenazi Health, Ascension St. Vincent, Community Health Network, and Franciscan Health Indianapolis all provide emergency and follow-up care throughout Marion County. Urgent care clinics are also available across the city for non-emergency evaluations.

Keep every receipt, every doctor's note, and every prescription. These medical records form the foundation of your injury claim.

6

Do NOT give a recorded statement to the other driver's insurance

The at-fault driver's insurance company will contact you quickly — often within 24 to 48 hours. They may sound friendly and concerned. They are not on your side. Their goal is to settle your claim for as little as possible.

You are not legally required to give them a recorded statement. If they ask, you can say: "I'm not prepared to give a statement at this time." They may also offer a quick settlement. Don't accept it — early offers are almost always far below the actual value of your claim, especially before you know the full extent of your injuries.

7

Understand Indiana's 2-year statute of limitations

Under Indiana Code § 34-11-2-4, you have two years from the date of the accident to file a personal injury lawsuit. Miss that deadline and you permanently lose the right to seek compensation through the courts.

Two years may sound like enough time, but building a strong case requires gathering evidence, obtaining medical records, completing treatment, and negotiating with insurance companies. Attorneys recommend starting the process within weeks, not years, of the accident. Indiana's statute of limitations is shorter than many neighboring states — don't wait.

8

Consider talking to a personal injury attorney

If you were injured, if the other driver was at fault, or if you're getting the runaround from an insurance company, it's worth having a conversation with a personal injury attorney. Initial consultations are typically free, and most personal injury attorneys work on contingency — you pay nothing unless they win your case.

An experienced Indianapolis car accident attorney can evaluate whether your case has value, handle all communication with insurance companies, gather evidence and expert opinions, and negotiate a settlement that reflects your full damages — not just your current medical bills, but future treatment costs, lost income, pain and suffering, and diminished quality of life.

Indianapolis Car Accident Facts

~36,500

traffic collisions reported in Marion County in 2022 — the highest of any county in Indiana

Indiana Criminal Justice Institute / ARIES crash data

145

traffic fatalities recorded in Marion County in 2022 — the highest of any Indiana county

Indiana Criminal Justice Institute

2 Years

statute of limitations for personal injury claims in Indiana

Ind. Code § 34-11-2-4

51% Bar

Indiana's modified comparative fault threshold — recover nothing if you're 51% or more at fault

Ind. Code § 34-51-2-6

High-risk roads in Indianapolis

Indianapolis is known as the "Crossroads of America" — the city sits at the junction of I-65, I-70, and I-69, all connected by the I-465 loop that encircles the city. These interstates see some of the heaviest traffic volumes in the state and are frequent locations for rear-end collisions, lane-change accidents, and multi-vehicle pileups. On surface streets, the 38th Street corridor is one of the most dangerous in the city. The intersections at 38th and Keystone Avenue, 38th and High School Road, and 38th and Lafayette Road consistently rank among the highest-crash locations in Marion County. Other high-risk areas include Rockville Road and Country Club Road, 86th Street and Michigan Road, East Washington Street and North Post Road, and the Emerson Avenue and Southport Road interchange near I-65.

Indiana is an at-fault state

Unlike no-fault states where each driver's insurance pays their own medical bills regardless of who caused the accident, Indiana is an at-fault state. The driver who caused the accident — and their insurance company — is responsible for paying the other driver's damages. This is why fault determination matters and why you should be careful about what you say at the scene and to insurance adjusters. Indiana uses a modified comparative fault system under Ind. Code § 34-51-2-6. You can still recover compensation as long as you are not 51% or more at fault. If you are partially at fault, your award is reduced by your percentage of responsibility.

Getting your police report

IMPD crash reports can be obtained through the Indiana State Police BuyCrash portal at buycrash.com. You'll need the date, location, and names of the drivers involved. Reports are typically available within a few business days and require a small fee. You can also request a report in person from the IMPD Records Division at 50 N. Alabama Street, Suite E100, Indianapolis, IN 46204. For accidents on state highways or interstates investigated by Indiana State Police, reports are available through the same BuyCrash portal.

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Car Accident FAQ — Indianapolis & Indiana

Indiana has a 2-year statute of limitations for most personal injury claims, starting from the date of the accident (Ind. Code § 34-11-2-4). This is shorter than many neighboring states. You should act much sooner — evidence fades, witnesses forget details, and insurance companies take early claims more seriously. Filing a claim within weeks, not years, gives you the strongest position.

You are not required to give a recorded statement to the other driver's insurance company, and doing so can hurt your claim. Insurance adjusters are trained to get you to say things that reduce the value of your case. Politely decline and tell them to contact your attorney. If you don't have one yet, get legal advice before speaking with them.

Indiana uses a modified comparative fault rule with a 51% bar (Ind. Code § 34-51-2-6). You can still recover compensation as long as you are not 51% or more at fault. Your award is reduced by your percentage of fault — so if you're 20% at fault and your damages are $100,000, you'd receive $80,000. If you're 51% or more at fault, you recover nothing.

Most personal injury attorneys in Indianapolis work on a contingency fee basis, meaning you pay nothing upfront and nothing unless they win your case. The typical contingency fee is 33% of the settlement, or sometimes 40% if the case goes to trial. The initial consultation is almost always free.

Indiana follows a modified comparative fault system under Ind. Code § 34-51-2-6. Each party involved in an accident is assigned a percentage of fault. You can recover damages only if your fault is 50% or less. Your compensation is reduced proportionally — if you're 30% at fault, you receive 70% of your total damages.

Not every fender bender requires an attorney. But if you were injured, missed work, or are dealing with medical bills, it's worth a free consultation. Many injuries from car accidents — like whiplash, herniated discs, or soft tissue damage — don't show symptoms immediately but can become serious. An attorney can help you understand the full value of your claim before you accept a settlement for less than you deserve.

In Indiana, you may be entitled to compensation for medical expenses (current and future), lost wages and reduced earning capacity, pain and suffering, property damage, and loss of enjoyment of life. In rare cases involving extreme recklessness, punitive damages may apply — though Indiana caps punitive damages at the greater of three times compensatory damages or $50,000 (Ind. Code § 34-51-3-6), with 75% going to the state and 25% to the plaintiff.

Simple car accident cases in Indianapolis typically settle in 3 to 9 months. More complex cases involving severe injuries, disputed fault, or multiple parties can take 1 to 3 years, especially if they go to trial. Most cases settle before trial. The timeline depends on how quickly you reach maximum medical improvement, the complexity of your injuries, and how cooperative the insurance company is.

Indiana requires drivers to carry minimum liability insurance, but not everyone complies. If the at-fault driver is uninsured, you may be able to file a claim under your own uninsured/underinsured motorist (UM/UIM) coverage, if you have it. An attorney can help you explore all available sources of compensation.

Under Indiana law, you must report any accident involving injury, death, or property damage exceeding $1,000 to law enforcement. Even if the damage seems minor, filing a report creates an official record that protects you if injuries or disputes arise later.

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InjuryNextSteps.com provides general informational content and is not a law firm. The information on this page does not constitute legal advice and should not be relied upon as such. Every accident is different. Contacting us does not create an attorney-client relationship. If you need legal advice, consult a licensed attorney in your jurisdiction. The legal information on this page references Indiana statutes and is current as of 2025 but may change. Always verify with a qualified attorney.

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