Car accident lawyers in Carmel: what to do after a crash and who to call

Personal Injury Lawyer Carmel is a free attorney referral service and a public law firm directory, not a law firm. Nothing here is legal advice.

Where Carmel drivers travel

The City of Carmel describes its main roads this way: US 421 runs along the western edge of the city, US 31 divides the city down the middle, and Keystone Parkway runs further east. Hazel Dell Parkway on the far east side also carries a great deal of north and south traffic. Keystone Parkway, US 31 and US 421 all interchange with I-465, which runs along Carmel’s southern boundary.

Carmel covers all of Clay Township in southwest Hamilton County. It runs from 96th Street in the south to 146th Street in the north, and from the Boone County line in the west to the White River in the east, almost 50 square miles. Whether a crash happened on US 31, on Keystone Parkway, at a roundabout or on a quiet neighborhood street, the steps below are the same.

At a Carmel crash scene: a driver’s duties under Indiana law

Indiana Code 9-26-1-1.1 sets out the duties of a driver involved in a crash. In plain words, a driver must:

1. Stop at the scene, or as close as possible without blocking traffic more than necessary, and stay there.
2. Give your name, address and the vehicle’s registration number to anyone involved, and show your driver’s license.
3. If anyone is injured or killed, give reasonable help to each injured or trapped person as police, medics or a 911 operator direct, and notify police by the quickest means.
4. If you hit an unattended vehicle or other property, take reasonable steps to find the owner, and if you cannot, contact police.

Knowingly failing to do these things is leaving the scene of an accident, which is a crime in Indiana. The penalty rises when someone is hurt.

If your car is stopped in a traffic lane after the crash, Indiana law generally says to move it off the traveled part of the road as soon as it is safe, close to the crash. That rule does not apply when someone is hurt, killed or trapped, or when hazardous materials are involved. On a busy road like US 31 or Keystone Parkway, getting people out of the lanes matters.

Common-sense steps

• Call 911 if anyone is hurt, and accept a medical check even if you feel fine.
• Write down the other driver’s insurance company and policy number.
• Take photos of the cars, the road, signs, lane markings and any injuries.
• Get the names and phone numbers of witnesses.
• Note the time and the exact place: the street, the nearest cross street or roundabout, and the direction you were going.
• See a doctor soon, and keep every bill and record.

Who takes the report in Carmel

If anyone is injured or killed, Indiana law requires the driver to notify police as soon as possible: inside a city or town, the local police; outside one, the county sheriff or the nearest state police post; or a 911 operator. Inside Carmel’s limits, the local police are the Carmel Police Department.

A law enforcement officer must investigate every crash that causes injury or death, or apparent property damage of at least $2,500 (Indiana Code 9-26-2-1). The officer sends a written report to the Indiana State Police within 24 hours after finishing the investigation. That report lists the drivers, owners, injured people and witnesses, the vehicles, and the time and place.

A police crash report in Indiana is not a confidential record and must be made available for inspection and copying. The Indiana State Police keeps the central repository of crash reports for the state, and you can usually buy a copy online through BuyCrash, the service the State Police uses. Our article on getting a Hamilton County crash report covers the steps.

Insurance after a Carmel car accident

Under Indiana law, car crash injury claims generally turn on fault, so a claim usually starts with the at-fault driver and that driver’s liability insurer. The Indiana Department of Insurance describes bodily injury liability coverage as paying for injuries to other people you cause with your car.

Coverage	What it does, in general
Bodily injury liability	Pays for injuries the policyholder causes to other people. Indiana’s minimum is $25,000 for one person and $50,000 for two or more people in one crash.
Property damage liability	Pays for damage the policyholder causes to others’ property. Indiana’s minimum is $25,000 per crash.
Uninsured and underinsured motorist	Lets you collect from your own insurer when the at-fault driver has no insurance or not enough. Must be included in newly written Indiana policies unless rejected in writing.
Medical payments	Pays medical bills for you and usually your passengers, up to the policy limit.
Collision	Pays to repair your own car, subject to a deductible.

The Indiana BMV calls the state minimum 25/50/25. Those limits may not cover everything when someone is badly hurt, which is why your own uninsured and underinsured motorist coverage can matter. Check your own policy for medical payments, collision and uninsured motorist coverage.

The BMV’s insurance check

After a crash for which the BMV receives an accident report, the BMV may mail you a request to verify your insurance. Insurance details you give a police officer are not sent to the BMV. Your insurance company then files a Certificate of Compliance electronically, and the BMV must receive and process it within 90 days of mailing the request, or your driving privileges will be suspended. If a letter arrives, call your agent right away.

Indiana rules that shape a car accident claim

This is general information. Every situation is different, so talk with a licensed Indiana attorney about yours.

Two years to file, in general

Indiana law generally gives two years to file a personal injury lawsuit, and damage to your car has the same two-year limit (Indiana Code 34-11-2-4). In some cases the deadline is shorter or works differently. If a city, county or state vehicle or employee was involved, Indiana law generally requires a written notice within a much shorter time: 180 days for a city, town or county and 270 days for the state. A licensed Indiana attorney can say which deadline applies.

Shared fault

Indiana generally follows modified comparative fault. If you are found 51% or more at fault, you generally cannot recover. If you are 50% or less at fault, any recovery is generally reduced by your share (Indiana Code 34-51-2). In a two-car crash at a Carmel intersection or roundabout, both drivers’ choices can be weighed, which is one reason people ask a lawyer before they give a recorded statement.

Passengers who are family

Indiana has a guest statute that can limit claims by certain family members and hitchhikers riding for free. Whether it reaches your situation is a question for a licensed Indiana attorney.

Small property claims

Some property-damage-only disputes under $10,000 go to small claims court. Injury lawsuits in Hamilton County are generally filed in the Hamilton Circuit or Superior Courts in Noblesville.

When people call a car accident lawyer in Carmel

Plenty of minor fender benders end with two insurance claims and nothing more. People tend to look for a lawyer when:

• Someone was hurt enough to need a doctor, an ambulance or time off work.
• The other driver’s insurer disputes who was at fault, or asks for a recorded statement.
• The at-fault driver had no insurance or too little.
• A city, county or state vehicle was involved, with its shorter notice deadline.
• A truck, a motorcycle, a bicycle or a person on foot was involved.
• The deadline is getting close.

A Carmel car accident lawyer can gather the crash report and medical records, deal with the insurers and say whether a lawsuit is needed. In Indiana, a contingency fee agreement must be in writing and signed by the client, so ask any lawyer to explain the percentage and the costs before you sign.

Two ways to reach a lawyer

The free referral line. Call the number on this page and you are connected to the intake team of a participating independent attorney’s office. Participating attorneys pay to receive calls. The call is free and you decide whether to hire anyone. See how it works.

The directory. The personal injury law firm directory lists firms with offices in Carmel, Fishers and Noblesville whose own websites name personal injury work, with their own office lines and websites. Directory firms appear free, from public sources, and do not take calls from the referral line.

If the crash was in or near a circle, read Carmel roundabouts as well. For crashes on the freeways, see the article on US 31 and Keystone Parkway crashes.

Questions people ask