Understanding Car Insurance Requirements In Indiana
A crash can change everything in an instant. The steps you take immediately after and in the days that follow carry real legal and financial consequences.
At Parr Richey Frandsen Patterson Kruse LLP, our attorneys understand how stressful and overwhelming this time can be. Founded in 1899, our firm has served Indiana families for over a century. With offices in both Indianapolis and Lebanon, our trial attorneys are here to protect what matters most.
What to Do Right After a Crash
Under Indiana Code § 9-26-1-1.1, Indiana law requires that drivers report any accident involving bodily injury or total property damage appearing to equal or exceeded $1,000. The way you handle the scene can significantly impact your claim later. Here is what to do right away:
- Call 911 and obtain an official police report
- Photograph all vehicles, road conditions and visible injuries
- Collect witness names and contact information
- Seek a medical evaluation as soon as possible
Never admit fault at the scene. Do not give a recorded statement to any insurer until you have spoken with an attorney.
Indiana’s Minimum Liability Coverage Rules
Indiana auto insurance requirements establish the following mandatory coverage minimums for all drivers:
- $25,000 per person for bodily injury
- $50,000 per accident for total bodily injury
- $25,000 for property damage
These minimums often don’t cover serious injuries or significant vehicle damage. Drivers who carry only the baseline amounts may find themselves responsible for substantial out-of-pocket losses.
Uninsured And Underinsured Motorist Coverage
Indiana law requires UM/UIM coverage on every auto policy unless the policyholder waives it in writing. This coverage protects you in these situations:
- A hit-and-run driver who cannot be found
- An at-fault driver carrying little or no insurance
- A responsible party whose policy limit falls short of your actual damages
Waiving this protection leaves you exposed when the other driver simply cannot pay what you are owed.
Key Policy Terms and Indiana’s Fault Rule
Understanding these terms helps you avoid costly surprises. MedPay covers your medical costs regardless of fault. Collision coverage addresses accident-related vehicle damage. Comprehensive coverage applies to noncollision incidents. Subrogation allows your insurer to recover payments from the at-fault party. Our attorneys actively negotiate down hospital liens and subrogation claims so that you keep more of your settlement.
Under Indiana Code § 34-51-2 (Comparative Fault Act), Indiana applies a 51% modified comparative fault rule, meaning you cannot recover damages if you are found 51% or more at fault. Insurance adjusters often push to raise your fault percentage to reduce your payout.
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🚨 Confused by Insurance Adjusters After an Indiana Accident?
Protect Your Financial Recovery: Insurance adjusters routinely attempt to shift blame or rush lowball offers before the full cost of medical treatment is known. Let our trial attorneys review your policy declaration, crash report, and coverage limits for free.
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Frequently Asked Questions
Q: Do I Have To Report A Car Accident To My Insurance Company If It Wasn’t My Fault?
A: Yes. Virtually all auto insurance policies contain a “prompt notification” clause requiring you to report any collision involving your insured vehicle within a reasonable timeframe. Failing to report the crash can give your insurance carrier grounds to deny coverage or cancel supplemental benefits like Medical Payments (MedPay) or Uninsured Motorist (UM) coverage. Reporting the crash to your insurer preserves your rights, but you should speak with an attorney before giving a recorded statement to the at-fault driver’s insurance adjuster.
Q: What Happens If The Driver Who Hit Me Only Carries Indiana’s Minimum Insurance Limits?
A: Indiana law requires motorists to carry a minimum of $25,000 in bodily injury liability per person ($50,000 per accident). Because emergency room visits, surgeries, and ongoing physical therapy can easily exceed $25,000, an underinsured driver may leave you with unpaid medical bills. If your medical damages exceed the at-fault driver’s policy limits, you can file a claim against your own Underinsured Motorist (UIM) coverage to bridge the financial gap up to your policy limit.
Q: Can An Insurance Company Deny My Claim If I Was Partially At Fault For The Accident?
A: Indiana follows a 51% modified comparative fault rule. You can still recover financial compensation as long as you are determined to be 50% or less at fault for the collision, though your final settlement is reduced by your percentage of fault. However, if an insurance company successfully argues that you were 51% or more at fault, you are legally barred from recovering any damages. Insurance adjusters routinely attempt to manipulate post-crash statements to shift fault above that 51% threshold, making legal representation vital to protecting your claim.
Contact Parr Richey Frandsen Patterson Kruse LLP Today
The days and weeks following a crash are legally critical. We are prepared to review your situation, answer your questions and pursue the full compensation you deserve. Contact our firm today at 317-505-1342 to schedule your appointment.