Car accidents happen every day in Indiana. A big part of law enforcement officers’ jobs is dealing with accident reports. Many accidents must be reported to the police right away. Insurance and other concerns might have different reporting requirements.
In Indiana, the law requires immediate reporting of an accident to law enforcement. This is not an issue for many drivers because they contact the police right away for emergency assistance. You or your insurance company must also report your insurance status to the Bureau of Motor Vehicles (BMV) within 10 days. If you wish to file a lawsuit, you have 2 years to do so.
If you were in a car accident and have not yet contacted the police to report the crash, you could be facing legal trouble. Our Indiana car accident lawyers can help you. Call Wruck Paupore at (219) 322-1166 for a free case review.
When to Report a Car Accident Involving Injuries or Death in Indiana?
Some car accidents involve more damage and injuries than others. As such, these kinds of accidents follow stricter rules for reporting. According to Indiana Code § 9-26-1-1.1, drivers in accidents involving death or serious injuries are required by law to report the accident immediately.
Under the law, drivers must immediately stop after an accident and remain at the scene. The law also states that drivers must report the accident as soon as possible by contacting the local police department or calling 911. If you have not reported an accident and are unsure how, contact our South Bend car accident lawyers for help.
The relevant statute does not mention a time limit when reporting accidents involving death or serious injuries. Instead, the law makes it clear that reporting should be done immediately if possible. If immediate reporting is not possible for some reason, it should be done as soon as possible. Failure to make an immediate report may lead to criminal consequences.
Penalties for Failing to Report a Car Accident to the Police in Indiana
A reportable accident must be reported almost immediately. Failure to report an accident could result in criminal penalties. Contact our Fort Wayne car accident lawyers for help with criminal charges related to an accident. If you fail to report your crash or collision, you can be charged with leaving the scene of an accident. This offense may be a Class B misdemeanor and punished by up to 180 days in jail and a fine of up to $1,000. These charges may be upgraded under certain circ*mstances.
If an accident involved bodily injuries to another person, you would face Class A misdemeanor charges for leaving an accident. You would be sentenced to up to 1 year in jail and a fine of up to $5,000.
Suppose the accident caused moderate to serious injuries to another person or you had a previous conviction for certain driving-related crimes in the past 5 years. In that case, you face level 6 felony charges. Level 6 felonies come with a possible prison sentence of at least 6 months and up to two-and-a-half years with an advisory sentence of 1 year. You can also be fined up to $10,000.
An accident that causes death or catastrophic injury that goes unreported to the police can lead to level 4 felony charges. A level 4 felony can be punished by at least 2 years and up to 12 years in prison with an advisory sentence of 6 years. You can also be fined up to $10,000.
If you were intoxicated during the accident that caused death or catastrophic injury, your charges are for level 3 felonies. A level 3 felony may be punished by at least 3 years in prison and up to 16 years with an advisory sentence of 9 years. You also face a fine of up to $10,000. You can also be charged with a separate offense for each person injured in the accident. Contact our Milwaukee spinal injury lawyer for more information.
Other Filing Requirements After a Car Accident in Indiana?
You will undoubtedly have to contend with your insurance company after a car accident. In Indiana, the Bureau of Motor Vehicles must be given proof of insurance shortly after an accident. There might be additional penalties for uninsured drivers. You must submit an Operator’s Proof of Insurance/Crash Report to the BMV within 10 days of receiving any notice from the BMV requesting proof of financial responsibility.
If you cannot file this report yourself – perhaps you are too injured after your accident – someone else can do it on your behalf.
Once you file your proof of insurance, you must contact your insurance company and have them submit a Certificate of Compliance (COC) with the BMV. The COC must state that the company insured you and your vehicle on the accident date. This must be submitted within 90 days of the BMV’s request for proof of insurance and is usually done electronically by your insurance company.
Failure to submit the COC may result in the suspension of your driving privileges. Contact a lawyer to avoid running afoul of any reporting requirements after a car accident.
As far as filing an actual claim with your insurance company for the accident, the amount of time you have depends on the terms of your policy. It is best to reach out to your insurance company as quickly as possible, but only after having spoken with a qualified attorney.
How Long Do I Have to File a Lawsuit for a Car Accident in Indiana?
If you wish to file a lawsuit after a car accident in Indiana, you must do so within the relevant statute of limitations. According to Indiana Code § 34-11-2-4, you have 2 years from the date of your accident to file a personal injury lawsuit against the other driver. Failing to file your case by the deadline can cost you your right to file at all.
Although 2 years seems like a long time compared to the reporting deadlines mentioned earlier, it is much shorter than you realize. Many accident victims spend a long time recovering from their injuries before thinking about a lawsuit. They also try to get their damages paid through settlement negotiations with the insurance companies. This process eats away at your precious time. Our Hammond, IN car accident lawyers, can help you file your lawsuit on time.
Before filing your lawsuit, other reporting requirements should already be satisfied. You should report your accident to the police and your insurance before filing a personal injury lawsuit. A police report and insurance information might be important to your lawsuit.
Call Our Indiana Car Accident Lawyers for Help
If you were in a car accident and you are not sure if the accident was reported or have any other questions, contact our Indianapolis car accident attorneys for help. We help our clients file any notices and will determine if required reports were already made. Call Wruck Paupore at (219) 322-1166 for a free case evaluation.
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Reporting Car Accidents in Indiana
In Indiana, it is important to understand the reporting requirements for car accidents. According to the article, the law requires immediate reporting of an accident to law enforcement. This means that drivers involved in an accident must contact the police right away for emergency assistance [[1]].
Additionally, drivers in accidents involving death or serious injuries are required by law to report the accident immediately. The law states that drivers must stop after an accident, remain at the scene, and report the accident as soon as possible by contacting the local police department or calling 911 [[2]].
Penalties for Failing to Report a Car Accident to the Police in Indiana
Failure to report a car accident in Indiana can result in criminal penalties. If a driver fails to report a crash or collision, they can be charged with leaving the scene of an accident. The offense may be a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000 [[3]].
The penalties for leaving the scene of an accident can be more severe if the accident involved bodily injuries to another person or if the driver had a previous conviction for certain driving-related crimes in the past 5 years. In such cases, the driver may face Class A misdemeanor charges, which can lead to up to 1 year in jail and a fine of up to $5,000 [[3]].
If the accident caused moderate to serious injuries to another person or if the driver had a previous conviction for certain driving-related crimes in the past 5 years, the driver may face level 6 felony charges. Level 6 felonies come with a possible prison sentence of at least 6 months and up to two-and-a-half years, with an advisory sentence of 1 year. The driver can also be fined up to $10,000 [[3]].
An accident that causes death or catastrophic injury and goes unreported to the police can lead to level 4 felony charges. A level 4 felony can be punished by at least 2 years and up to 12 years in prison, with an advisory sentence of 6 years. The driver can also be fined up to $10,000 [[3]].
If the driver was intoxicated during the accident that caused death or catastrophic injury, the charges are for level 3 felonies. A level 3 felony may be punished by at least 3 years in prison and up to 16 years, with an advisory sentence of 9 years. The driver also faces a fine of up to $10,000 [[3]].
It is important to note that each person injured in the accident can result in a separate offense for the driver [[3]].
Filing Requirements After a Car Accident in Indiana
After a car accident in Indiana, there are additional filing requirements that drivers must fulfill. The Bureau of Motor Vehicles (BMV) must be given proof of insurance shortly after an accident. Failure to submit the required documents may result in the suspension of driving privileges [[4]].
Within 10 days of receiving any notice from the BMV requesting proof of financial responsibility, drivers must submit an Operator's Proof of Insurance/Crash Report to the BMV. If the driver is unable to file the report themselves, someone else can do it on their behalf [[4]].
Once the proof of insurance is filed, the driver must contact their insurance company to have them submit a Certificate of Compliance (COC) to the BMV. The COC must state that the driver and their vehicle were insured on the accident date. This must be submitted within 90 days of the BMV's request for proof of insurance and is usually done electronically by the insurance company [[4]].
Time Limit to File a Lawsuit for a Car Accident in Indiana
If a driver wishes to file a lawsuit after a car accident in Indiana, they must do so within the relevant statute of limitations. According to Indiana Code § 34-11-2-4, the driver has 2 years from the date of the accident to file a personal injury lawsuit against the other driver [[5]].
Failing to file the lawsuit within the deadline may result in the loss of the right to file at all. It is important to note that the 2-year time limit is relatively short, and accident victims should consider consulting with a qualified attorney as soon as possible [[5]].
In summary, reporting car accidents in Indiana is mandatory, and failure to report can lead to criminal penalties. There are also specific filing requirements after a car accident, including providing proof of insurance to the BMV. If a driver wishes to file a lawsuit, they must do so within 2 years of the accident. It is advisable to consult with a qualified attorney to ensure compliance with reporting and filing requirements.
