This brochure is intended to provide general information about what to do after an auto accident.  Specific legal advice can only be obtained by consulting a lawyer.

If you are the driver, you must stop even if the accident was not your fault.  You must also exchange information with any other drivers involved in the accident.  This includes names and addresses of drivers, driver’s license numbers, insurance company names and addresses, policy numbers, vehicle identification numbers and the name and addresses of the car owners.  Get as much information as possible.

You should give reasonable assistance to anyone injured by calling an ambulance or taking the injured person to a doctor or hospital if possible. You can give first aid if you know how.  If you are not trained to do so, do not move anyone who is badly hurt.  However, you should move them out of the way of apparent danger (examples: car fire or on-coming traffic).

Call 911 as soon as possible.  Try to be calm when explaining the situation and give your location.  Ask for an ambulance if needed.  If you are unable to get to a telephone, try to get someone else to call 911 for you.

Since people are usually upset after an accident, it is best to not volunteer information about who is to blame.  You may think you were at fault before you learn that the other driver was also to blame or was more at fault than you.  Talk to your insurance agent, your lawyer, or both, but be sure to cooperate with the police who are investigating the accident.  When answering their questions, stick to the facts.

Signing a traffic ticket after an accident does not mean you are admitting guilt.  You may want to consult with your lawyer before paying for the ticket or pleading guilty to any charges.  If you plead guilty, you could hurt your chances of collecting for damages caused by others.

You must report an accident if someone is injured or killed and/or the property damage totals at least $750.  First, call the local police and then call your insurance company as soon as possible.

If the accident was caused by another driver who is not insured, your own policy can pay for your injuries up to the policy limits if you have "uninsured motorist" or "medical payments" coverage.  If the other driver does not have adequate insurance to pay for all of your damages, your insurance may pay the difference if you have “underinsured motorist” coverage on your policy.  If you do not have this insurance coverage, you can sue the other driver.  If you have “collision” insurance, it usually pays for damages to your car (minus any deductible) regardless of who is at fault for the accident.

Inform your insurance company and/or your lawyer.  Your insurance company will usually assign a lawyer to handle your case.  If you are sued for more than your insurance coverage, you may also need your own attorney.  You will need your own attorney if you require legal defense for traffic citations or criminal charges (examples: drunk driving and hit-and-run).

If you need help selecting an attorney, ask someone you trust -- a friend, associate, or employer.  Many local bar associations offer referral programs.  The Monroe County Bar Association has a referral website at www.monroecountybar.com.  If you are charged with a crime and you can not afford legal representation, you can call your county’s public defender.

A physical examination by a doctor for you and the passengers in your car may be advisable after an accident.  You might be injured and not realize it right away.  Your auto insurance or health insurance may pay for some or all of your medical bills.  You should consult your insurance agent with any questions you have about your insurance coverage.

You may be entitled to compensation for your injuries, damages to your car, lost wages, etc. if the other driver was at fault.  You may also claim pain and suffering. If you decide to sue, do not delay.  There are "statutes of limitations" setting time limits for filing various types of claims.

Indiana law requires that drivers be able to pay for all costs associated with an accident for which they are at fault.  Motorists must carry coverage of at least $25,000 per injured person (up to $50,000 per accident), and have at least $10,000 of property insurance.  You will need to show that you have financial coverage if you are involved in an accident.