December 19, 2025
Being in a car accident is stressful and confusing. In the moments and hours after a collision, you need to take specific steps to protect your health, preserve evidence, and safeguard your legal rights. Knowing what to do after a car accident in Indiana can make a significant difference in your recovery and any potential insurance claim or lawsuit. This comprehensive guide walks you through the essential legal steps you should take following an accident, helping you protect your rights and maximize your recovery.
Why Choose Custy Law Firm | Accident & Injury Lawyers for Your Car Accident Claim
When you’re injured in a car accident, you need guidance from someone who understands Indiana’s car accident laws and how insurance companies operate. Custy Law Firm | Accident & Injury Lawyers has helped numerous accident victims navigate the claims process and recover the compensation they deserve. Our team of experienced Indiana car accident lawyers knows the steps that protect your rights and maximize your recovery. We prepare every case as if it will go to trial, which means we’re ready to fight for you if needed. We’re here to answer your questions and guide you through every stage of your claim. Contact us today for a free consultation about your accident.
Check for Injuries and Move to Safety
Your first priority after any car accident is checking whether anyone is hurt. Look at yourself, your passengers, and anyone else involved in the collision. Some injuries aren’t immediately obvious; adrenaline can mask pain. Shock can also prevent you from feeling pain right away, so even minor impacts can cause serious injuries. Understanding common car accident injuries, such as soft tissue injuries, can help you recognize symptoms that need immediate attention.
If anyone is injured, call 911 right away. Don’t wait to see if symptoms develop. Emergency responders can provide immediate care and create an official record of injuries. This documentation becomes important later when you file your claim. Seeking prompt medical attention is one of the most critical steps in protecting your legal rights.
If it’s safe to do so and your vehicle can move, drive to a safe location away from traffic. Turn on your hazard lights to alert other drivers. If you can’t move your vehicle, stay inside with your seatbelt on and wait for help. Never stand in the roadway or between vehicles. Your safety is the top priority in those first moments after impact.
When to Call 911 Immediately
Call 911 if anyone shows signs of injury: visible wounds, loss of consciousness, difficulty breathing, chest pain, severe pain anywhere on the body, numbness or tingling, or any condition that seems serious. Also, call if you’re unsure whether an injury exists. It’s always better to have emergency responders evaluate someone than to wait and have a condition worsen. Prompt medical attention creates documentation that supports your personal injury claim. If you’ve suffered traumatic brain injuries or other serious trauma, immediate medical evaluation is essential for both your health and your legal case.
Call the Police and Report the Accident
Indiana law requires you to report accidents that involve injuries or significant property damage. A police report creates an official record of what happened and documents the officer’s observations at the scene. This report is valuable for investigation and insurance claims. However, police reports are generally NOT admissible as evidence at trial in Indiana civil cases due to hearsay rules. Officer testimony about personal observations may be admissible, but the written report itself typically cannot be used as evidence in court.
When police arrive, provide factual information about the accident. Don’t admit fault, apologize, or speculate about what caused the collision. Simply describe what you saw and experienced. For example, say “I was stopped at a red light when the other vehicle struck my car from behind” rather than “I think the other driver wasn’t paying attention.” Get the officer’s name, badge number, and the police report number before they leave. Ask how you can obtain a copy of the accident report.
What Information the Police Will Need
Have your driver’s license, vehicle registration, and insurance information ready. The officer will ask how the accident happened, whether anyone is injured, and details about the vehicles involved. Answer honestly but stick to facts you directly observed. You don’t need to answer questions about your medical history or pre-existing conditions; keep your answers focused on the accident itself. Being prepared with this information helps the police investigation and protects your interests.
Exchange Information with Other Drivers
Before anyone leaves the scene, exchange contact and insurance information with the other driver. Get their full name, phone number, and home address. Write down their insurance company name and policy number. Note their vehicle’s make, model, color, and license plate number. Also, record their driver’s license number and the state that issued it.
Don’t discuss who was at fault or accept blame for the accident. Keep the conversation brief and factual. Avoid saying things like “I’m sorry” or “That was my fault,” as these statements can be used against you later. If the other driver becomes hostile or refuses to exchange information, wait for the police to arrive and document the situation. Let the officer handle the interaction. Understanding what not to say to an insurance adjuster applies equally to conversations at the accident scene.
Document the Accident Scene
Take photos of the damage to all vehicles involved, photographing from multiple angles. Capture the accident scene itself—the road, traffic signals, weather conditions, and any debris. These photos preserve evidence that may fade or be cleaned up later. Use your phone’s camera or a regular camera; the quality matters less than having the documentation. This visual evidence becomes crucial if liability is disputed.
Get the names and phone numbers of any witnesses who saw the accident. Witnesses can provide valuable accounts of what happened, especially if fault is disputed. Ask them to describe what they saw, and write down their exact words if possible. Note the date, time, weather conditions, and whether traffic lights were working. Key witness questions at the scene can help you gather the most relevant information.
Keep all documentation organized in one place: photos, witness information, the police report number, and any notes you made about the accident. Consider creating a folder on your phone or computer dedicated to your accident case. This organization helps when you file your insurance claim or speak with an attorney. Proper documentation is essential for protecting your rights after a multi-vehicle collision or any accident scenario.
Notify Your Insurance Company
Report the accident to your insurance company as soon as possible. Check your policy to see if there’s a specific timeline for reporting—most policies require notification within a few days. When you call, provide factual information without admitting fault. Stick to what happened, not opinions about who caused the accident. Understanding the reporting car accident to insurance timeline helps you meet all deadlines.
Keep records of every conversation with your insurance company, including the date, time, and name of the person you spoke with. Write down what was discussed and any instructions they gave you. Ask about the next steps in the claims process and what documentation they need from you. Request a claim number so you can reference it in future communications. This documentation protects you if disputes arise later about what was discussed.
Seek Medical Attention and Follow Up
Even if you feel fine immediately after the accident, see a doctor. Some injuries like whiplash, concussions, and internal injuries don’t show symptoms right away. A medical evaluation creates a record linking your injuries to the accident, which is important for your claim. Delayed medical treatment can hurt your case because insurance companies may argue your injuries weren’t serious. Understanding how personal injury settlements are paid out in Indiana shows why early medical documentation matters.
Keep all medical records, bills, and receipts related to the accident. Follow your doctor’s treatment recommendations completely. If your doctor prescribes physical therapy, medication, or follow-up visits, complete all of them. Document everything because these records support your claim for damages. Take photos of visible injuries like bruises or cuts, as these can fade quickly. These records become the foundation for calculating pain and suffering damages in Indiana.
Frequently Asked Questions
Do I have to report the accident to the police in Indiana?
Yes, if the accident involves injuries, death, or damage to property other than a vehicle, you must report it to the police. Additionally, if property damage exceeds $2,500, a law enforcement investigation is mandatory. Indiana Code 9-26-1-1.1 requires drivers to remain at the scene and report accidents involving injury or significant damage. Indiana Code 9-26-2-1 establishes the $2,500 threshold for mandatory law enforcement investigation.
What if the other driver doesn’t have insurance?
Indiana requires all drivers to carry liability insurance. If the other driver is uninsured, you may be able to file a claim under your own uninsured motorist coverage. Contact your insurance company immediately and consider speaking with an attorney about your options. You may have the right to pursue a lawsuit against the uninsured driver. Our Merrillville car accident lawyers can help you navigate uninsured motorist claims.
How long do I have to file a claim in Indiana?
Indiana’s statute of limitations for car accident injury claims is generally two years from the date of the accident. However, don’t wait to file your claim. The sooner you report the accident and begin the claims process, the better. Waiting too long can result in lost evidence and faded memories. Learn more about how long after an accident you can sue in Indiana.
Should I talk to the other driver’s insurance company?
You can provide basic information, but be cautious. The other driver’s insurance company is not looking out for your interests. Avoid detailed statements or recorded interviews without consulting an attorney first. Many people accidentally say things that hurt their case when speaking with the other driver’s insurance company. This is why having an experienced Indiana car accident attorney review your case early is beneficial.
What damages can I recover after a car accident?
You may recover compensation for medical expenses, lost wages, property damage, pain and suffering, and other losses caused by the accident. The amount depends on the severity of your injuries and the circumstances of the accident. Indiana’s modified comparative fault law means you can recover damages even if you’re partially at fault, as long as you’re less than 51% responsible. Understanding how car accident settlements work helps you know what to expect.
When should I hire a car accident attorney?
If you’re injured, if the accident involves significant property damage, or if there’s a dispute about fault, consider hiring an attorney. An experienced car accident lawyer can protect your rights and help you recover fair compensation. Many people find that hiring an attorney early in the process leads to better outcomes. The benefits of hiring a personal injury lawyer include expert negotiation and litigation support.
Get Legal Help for Your Car Accident Claim
The steps you take immediately after a car accident set the foundation for your recovery. If you’ve been injured or face questions about your claim, don’t navigate the process alone. Custy Law Firm | Accident & Injury Lawyers understands Indiana car accident law and knows how to handle insurance companies. Our team, led by Brian Custy, has extensive experience recovering compensation for accident victims.
Contact us today for a free consultation. We’ll review your accident, answer your questions, and explain your legal options. Let us help you get the compensation you deserve.
