Indiana Car Accident Guide: Procedures, Comparative Fault, and Lost Wages

If you're involved in a car accident in Indiana, it’s critical to understand the proper steps to take immediately after the incident, as well as how the state’s legal framework affects your ability to recover compensation. This guide explains the post-accident process, Indiana’s modified comparative fault rule, and how to claim lost wages if your injuries prevent you from working.

1. What to Do After a Car Accident in Indiana

Step-by-Step Procedure:

1. Ensure Safety and Check for Injuries

Move vehicles to a safe location, if possible, and check yourself and others for injuries. Call 911 immediately if there are any injuries or major damage.

2. Report the Accident to Police

Indiana law requires that you report any accident involving injury, death, or property damage exceeding $1,000 to the police. The responding officer will file an official crash report, which is vital for insurance and legal claims.

3. Exchange Information with Other Drivers

Be sure to collect:

Full name and contact information
Driver’s license number
Vehicle license plate number
Insurance company name and policy number

Failing to exchange information or leaving the scene may result in criminal charges (hit-and-run).

4. Document the Scene

Take photos or videos of:

Vehicle damage
Road conditions and traffic signals
Skid marks or debris
Surroundings
Witnesses and their contact info

5. Notify Your Insurance Company

Report the accident to your insurance company as soon as possible. You can also purchase a copy of the police crash report online at https://buycrash.lexisnexisrisk.com.

6. Seek Medical Attention

Even if injuries appear minor, see a doctor to document any trauma. Medical records and bills will be essential in recovering compensation.

Post-Accident Checklist

🚨 Accident Occurs

↓

🩹 Ensure Safety & Call 911

↓

👮 Police Report Filed

↓

🤝 Exchange Info & Gather Evidence

↓

📞 Notify Insurance

↓

🏥 Get Medical Treatment & Save Records

↓

⚖️ Consult an Attorney (if needed)

2. Indiana’s Comparative Fault Rule

Indiana follows a Modified Comparative Fault Rule, which determines how compensation is awarded based on each party's degree of fault.

Key Rules:

If you are less than 50% at fault, you can still recover damages.
If you are 50% or more at fault, you cannot recover any damages.
Your compensation will be reduced in proportion to your percentage of fault.

3. Claiming Lost Wages After an Accident

If your injury prevents you from working, you may be entitled to compensation for lost wages.

What Qualifies as Lost Wages?

Time missed from work due to hospitalization or medical treatment
Hourly or salaried income
Missed bonuses, tips, commissions
Lost income for self-employed individuals
Paid time off (PTO), sick days, or vacation days used

Required Documents to Prove Lost Wages:

[Employer’s Letterhead or Company Name]

[Company Address]

[City, State, Zip Code]

[Phone Number]

[Email Address]

[Date]

To Whom It May Concern,

This letter is to confirm the employment and wage information of the following employee in connection with a recent automobile accident and the resulting inability to work.

Employee Name: __________________________

Position/Title: __________________________

Employment Status: ☐ Full-Time ☐ Part-Time

The employee has been working with us since: __________________________

Their average earnings are: $__________ per ☐ hour ☐ week ☐ month

Due to injuries sustained in a motor vehicle accident, the employee was unable to report to work during the following period:

☐ From ______________ (date) to ______________ (date)

☐ Total workdays missed: ____________

☐ Total wages lost during this period: $____________

If you need additional information, please feel free to contact us.

Sincerely,

___________________________________

[Name of Supervisor or HR Representative]

[Title]

[Signature]