Fort Wayne car accident: what to do in the first hours and days

Car Accident Lawyer Fort Wayne is a free referral service, not a law firm. The steps below are general information drawn from Indiana law and state agencies, with the source named at each step. When you want to talk with an attorney, the referral line on this page connects you with a participating independent attorney’s office.

At the scene: what Indiana law asks of every driver

Indiana Code 9-26-1-1.1 lists the duties of a driver involved in a crash. They apply on a quiet side street the same as on an interstate. In plain words:

1. Stop and stay. Stop at the scene, or as close as you can without blocking traffic more than you must. Stay until you have done the rest of this list.
2. Help anyone who is hurt. Call 911 if anyone is injured. Give reasonable help to anyone injured or trapped, as the 911 operator, police or medics direct.
3. Report an injury crash. As soon as possible, notify local police if you are inside a city or town, the county sheriff or nearest state police post if you are outside one, or a 911 operator.
4. Exchange the required details. Give your name, address and the vehicle’s registration number to the other people involved, and show your driver’s license.
5. Clear the road when it is safe. If the car stopped in the traveled part of the road, move it off as soon as it is safe, close to the crash. This does not apply when someone is hurt, killed or trapped, or hazardous materials are involved: then follow the directions of police, medics or the 911 operator.
6. Unattended car or property. If you hit a parked car, a fence or other property, take reasonable steps to find the owner. If you cannot, contact police.

These duties are not optional. Knowingly failing to do them is the offense of leaving the scene of an accident: a Class B misdemeanor, a Class A misdemeanor when someone is hurt, and a felony when the injury is more serious or someone dies. The full text is on the Indiana General Assembly’s site: Indiana Code title 9.

Ten minutes that help later

The law sets the minimum. A few more minutes at the scene, if you are able, save a lot of guessing later. None of these is a legal duty; they are simply what people wish they had done.

• The other driver’s insurance. Write down the company and the policy number, not just the name of the driver.
• Photos. Both cars from several angles, the damage up close, the road, skid marks, traffic signals or signs, the weather and any visible injuries. Photos with the time stamp on your phone are better than notes.
• Witnesses. Ask anyone who saw the crash for a name and number. People leave quickly.
• The officer and the agency. The officer’s name and which department responded. You will need the agency to find the report.
• Your own notes. Where you were going, which lane you were in, what you saw and heard. Write it down before the day is over, while it is fresh.

Be polite and brief with the other driver. Exchange what the law requires, and leave the question of who caused the crash for later.

The crash report

An 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 then sends a written report to the Indiana State Police within 24 hours of finishing the investigation. It lists the owners, drivers, injured people and witnesses, describes the vehicles, and gives the time and place.

An officer’s crash report is not a confidential record: Indiana law makes it available for inspection and copying. The Indiana State Police keeps the central collection of crash reports for the state and sells electronic copies for a nominal fee through BuyCrash (Indiana State Police crash reports). The Fort Wayne accident report guide explains each step, including what to check when the report arrives.

See a doctor, even if you feel fine

Not every injury is obvious at the scene, and some people notice stiffness or headaches only later. Getting checked promptly protects your health first, and it also creates a record of when your symptoms started. Keep every bill, prescription receipt and appointment note in one folder.

If your auto policy includes medical payments coverage, it pays medical bills for you and usually your passengers, up to the policy’s limits, according to the Indiana Department of Insurance.

The insurance calls

Indiana generally handles car crash injury claims on a fault basis: the at-fault driver and that driver’s liability insurance are usually where a claim starts. In practice, after a Fort Wayne car accident you may hear from three places:

Who	What it is about
Your own insurer	Report the crash under your policy. Ask about collision, medical payments and uninsured or underinsured motorist coverage.
The other driver’s insurer	An adjuster may call to ask for a recorded statement. You can take their name and number and call back later.
The Indiana BMV	After it receives an accident report, the BMV may mail a request for proof of insurance. Your insurer files a Certificate of Compliance, which the BMV must receive and process within 90 days of that mailing, or driving privileges are suspended.

Indiana’s minimum liability coverage is 25/50/25: $25,000 for injury to one person, $50,000 for two or more people, and $25,000 for property damage in one accident (Indiana BMV). Each newly written Indiana auto liability policy includes uninsured and underinsured motorist coverage unless the policyholder rejected it in writing (Indiana Department of Insurance). Check your own policy before your first call with any adjuster. The article on talking to the insurance adjuster goes through what people commonly ask and say.

Indiana rules that shape what comes next

Shared fault

Indiana’s general rule is modified comparative fault. If you are found 51 percent or more at fault, you generally cannot recover. If you are 50 percent or less at fault, any amount is generally reduced by your share. The rule is in Indiana Code 34-51-2. Different fault rules can apply to claims against a government unit. See Indiana’s 51 percent fault rule for a worked example.

Deadlines

Indiana law generally gives two years to file a personal injury lawsuit, and two years for damage to the car itself (Indiana Code 34-11-2-4). The deadline can be shorter or different in some cases. 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 when a city, town or county is involved, or 270 days when the state is. For an injured child, Indiana law generally allows extra time.

Small property claims

Some property-damage-only disputes under $10,000 go to small claims court in Indiana (Indiana Code title 33).

Car accident numbers in Fort Wayne and Allen County

Indiana Criminal Justice Institute crash data, built from police crash reports, gives these yearly totals for Allen County:

Year	Collisions in Allen County
2020	11,156
2021	12,764
2022	13,068
2023	12,701
2024	12,878

Of the 12,878 collisions in 2024, 9,198 were in Fort Wayne, and 42 people died in Allen County crashes that year (Indiana County Profiles 2024). For the most serious crashes, the Northeastern Indiana Regional Coordinating Council counted 3,879 crashes with incapacitating or fatal injuries in Allen County from 2018 to 2022. Right angle crashes were 26 percent of them, and among those, failure to yield the right of way was the main factor in 44.0 percent and disregarding a signal or sign in 42.9 percent (NIRCC safety plan).

When people call a lawyer after a car crash

Not every fender bender needs a lawyer. People commonly reach out when one of these is true:

• Someone was hurt, especially if treatment is still going on.
• Fault is disputed, or the other driver’s insurer says you caused it.
• The other driver had no insurance, or too little to cover the injuries.
• A city, county or state vehicle was involved, so the short notice deadline may apply.
• A truck, a motorcycle or a pedestrian was involved. See the truck, motorcycle and walkers, cyclists and passengers guides.
• An adjuster wants a recorded statement or a signed release and you are not sure what it means.

Indiana’s professional conduct rules require any contingency fee agreement to be written and signed by the client, and it must explain how the fee is figured and which costs you owe either way. Ask any lawyer to explain the percentage and the costs before you sign. More on this in do I need a lawyer after a car accident.

Two ways to find an attorney here

Call the free referral line. The number on this page connects you with the intake team of a participating independent attorney’s office. Attorneys pay to take part; the call costs you nothing, and you decide whether to hire anyone.

Call a firm yourself. The car accident law firms directory lists Fort Wayne firms whose own websites name car crash work, with each firm’s own phone and website. Those firms are listed free from public sources and are not the attorneys on the referral line.

Questions people ask