What to Do After a Car Accident in Indianapolis
The decisions you make in the hours and days after an accident can determine whether you receive full and fair compensation – or nothing at all. This guide walks you through every step.
A car accident can happen in an instant. What follows – the shock, the confusion, the calls from insurance adjusters – can feel overwhelming. Most people have no idea what they are legally required to do, what they should avoid saying, or what steps will matter most if they need to pursue a claim.
The law firm of Parr Richey Frandsen Patterson Kruse LLP has recovered more than $100 million for Indiana accident victims. We handle car accident cases throughout Indianapolis and across Indiana, and we have seen firsthand how the actions taken immediately after a crash can make or break a case.
What to Do After a Car Accident in Indianapolis: The Complete Step-By-Step Guide
Table of Contents
1: Check for Injuries and Call 911
Your first priority is safety and medical care, not the vehicles, not the insurance information, not your phone. Before you get out of the car, take a breath and check yourself and every passenger for signs of injury. Pain, dizziness, confusion, and difficulty breathing all require immediate attention.
Call 911 without delay. Under Indiana law, you are required to report any accident that involves an injury, a fatality, or property damage that leaves a vehicle unable to be driven. Even if you think the damage is minor, call. A police report creates an official record of the accident that is essential for any insurance claim or legal action that follows.
2: Move to Safety If You Can
If the vehicles are drivable and moving them will not worsen any injuries, get to the shoulder of the road or a nearby parking lot. Accidents on active roadways, especially on Indianapolis interstates like I-65, I-70, and I-465, create serious secondary collision risks. Turn on your hazard lights immediately.
If a vehicle is not drivable, if anyone is injured, or if moving feels unsafe for any reason, stay where you are and wait for police and emergency services. Do not attempt to direct traffic yourself.
3: Do Not Admit Fault, Even If You Think You Were Wrong
This is one of the most important rules after any car accident, and one of the most commonly violated. Do not say “I’m sorry.” Do not say “I didn’t see you.” Do not speculate about what happened or who caused the crash. Anything you say to the other driver, witnesses, or even the responding officer can be used against you in an insurance claim or lawsuit.
Fault in Indiana car accidents is determined through an investigation – by police, insurance adjusters, and if necessary, accident reconstruction experts. You may have seen only part of what happened. The other driver may have contributed to the crash in ways that are not yet apparent. Let the investigation determine responsibility.
4: Exchange Information With All Parties
While you wait for police to arrive, gather the following from every driver involved in the accident:
- Full name
- Home address
- Phone number
- Driver’s license number and state of issue
- License plate number
- Insurance company name and policy number
- Vehicle make, model, and year
Also get contact information from any witnesses who stopped at the scene. Eyewitness accounts can be critical, and witnesses often leave before police arrive. A name and phone number may be the only chance to reach them later.
5: Document the Scene Thoroughly
Your phone is one of the most valuable tools you have after an accident. Before vehicles are moved, and before anything at the scene changes, photograph and video everything you can.
Photograph vehicle damage from multiple angles, including close-ups and wide shots that show positioning. Photograph skid marks, debris, broken glass, and road conditions. Photograph traffic signals, stop signs, and any signage that may be relevant. If you have visible injuries – cuts, bruising, swelling – photograph those as well. Take a photo that shows the overall scene, including both vehicles in relation to the road.
If there were surveillance cameras at nearby businesses or traffic cameras at the intersection, make note of their locations. Your attorney can later request that footage before it is overwritten.
Tip: After you photograph the scene, write down your own account of what happened while it is fresh. Note the time, weather conditions, where each vehicle was coming from, and what you observed in the moments before impact.
6: Seek Medical Attention the Same Day
Even if you feel fine after the accident, go to the emergency room or an urgent care clinic before the day is over. This is not optional if you plan to pursue a claim.
Adrenaline released during a traumatic event can mask pain for hours or even days. Soft tissue injuries, whiplash, concussions, and internal injuries frequently have delayed symptoms. By the time you feel the full effect of your injuries, the insurance company will point to the gap between the accident and your first medical visit as evidence that you were not seriously hurt.
A medical record dated the day of the accident establishes a clear link between the crash and your injuries. It is one of the most important documents in any personal injury case.
Critical: If you experience headaches, dizziness, confusion, memory problems, or personality changes in the days following an accident, seek immediate medical care. These can be signs of a traumatic brain injury that requires prompt diagnosis.
7: Notify Your Insurance Company
Report the accident to your own insurance company as soon as possible. Most policies require prompt notification, and failing to report can jeopardize your own coverage. Keep the conversation factual: the date, location, vehicles involved, and that a police report was filed.
When the other driver’s insurance company contacts you, be extremely careful. You are not required to give a recorded statement to another party’s insurer, and you should not do so without first speaking to an Indianapolis car accident attorney. Their job is to minimize what they pay you. An offhand comment about how you feel or what you think happened can be used to reduce or deny your claim.
8: Keep Records of Everything
From the day of the accident forward, document every expense and every impact the injury has on your life. The compensation you may be entitled to depends on your ability to prove your damages.
Save all medical bills, emergency room records, prescription receipts, physical therapy invoices, and any other healthcare costs. Keep documentation of missed work and lost wages. Save repair estimates and any costs related to a rental vehicle. Keep a daily journal noting your pain levels, physical limitations, sleep disruption, emotional distress, and activities you can no longer do, from playing with your children to completing your job duties.
These records support every category of compensation available under Indiana law, from economic damages like medical bills and lost income to non-economic damages like pain and suffering.
9: Consult a Car Accident Attorney in Indianapolis
Indiana gives you two years from the date of the accident to file a personal injury lawsuit. That may sound like plenty of time, but the evidence that wins cases – surveillance footage, black box data from the other vehicle, witness memories, physical evidence at the scene – disappears quickly. The sooner an attorney gets involved, the more of it can be preserved.
A personal injury attorney handles every aspect of your claim: investigating the accident, gathering evidence, dealing with insurance companies, calculating the full value of your damages, and if necessary, taking your case to trial. At Parr Injury Law, we handle car accident cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you.
Our attorneys have recovered more than $100 million for Indiana injury victims. We know what these cases are worth, and we know what it takes to prove them.
Important deadline: If the accident nvolved a government vehicle (an Indianapolis city bus, a Marion County vehicle, or any other government-owned vehicle) you may have as little as 270 days to file a tort claim notice. Contact an attorney immediately.
Indiana Laws Every Accident Victim Should Know
Statute of Limitations: Two Years
Indiana Code 34-11-2-4 gives most car accident victims two years from the date of the accident to file a personal injury lawsuit. Miss this deadline and your right to compensation is permanently extinguished, regardless of how strong your case is.
Modified Comparative Fault: The 51% Rule
Indiana follows a modified comparative fault system under Indiana Code 34-51-2. You can recover damages even if you were partially at fault, as long as your fault does not exceed 50%. Your recovery is reduced proportionally by your percentage of fault. If you are found 51% or more at fault, you recover nothing.
Minimum Insurance Requirements
Indiana requires drivers to carry at least $25,000 per person and $50,000 per accident in bodily injury liability coverage, plus $25,000 in property damage liability. Indiana also requires uninsured motorist coverage, which protects you if the at-fault driver has no insurance.
Mandatory Accident Reporting
Indiana law requires drivers to immediately report any accident involving injury, death, or property damage that renders a vehicle unable to be driven safely. Failure to report is a criminal offense.
Government Entity Claims: Shorter Deadlines
If a government vehicle or a dangerous road condition caused your accident, the Indiana Tort Claims Act requires you to file a notice of claim within 270 days of the incident. This is far shorter than the standard two-year statute of limitations and can be easy to miss without legal guidance.
