Indiana Hit and Run Laws (2026 Guide)

Last verified: January 2026. This guide reflects current Indiana law under IC 9-26-1-1.1 through IC 9-26-1-1.2.

📑 Table of Contents (click to expand)

Quick Summary: Indiana Hit and Run Laws

  • Property damage only: Class B misdemeanor, up to 180 days jail, $1,000 fine
  • Injury (bodily): Class A misdemeanor, up to 1 year jail, $5,000 fine
  • Serious bodily injury: Level 6 felony, up to 2.5 years prison, $10,000 fine
  • Death or catastrophic injury: Level 4 felony, up to 12 years prison, $10,000 fine
  • DUI hit and run (death/catastrophic injury): Level 3 felony, up to 16 years prison
  • Reporting deadline: 10 days to file with the Bureau of Motor Vehicles

Penalties for Hit and Run in Indiana

Under IC 9-26-1-1.1, Indiana law requires all drivers involved in accidents to stop, provide information, and render assistance. Penalties escalate based on the severity of injuries and whether the driver was impaired.

Criminal Penalties by Offense Level

Offense Type Classification Maximum Penalty
Property damage only Class B Misdemeanor Up to 180 days jail, $1,000 fine
Bodily injury Class A Misdemeanor Up to 1 year jail, $5,000 fine
Serious bodily injury Level 6 Felony 6 months to 2.5 years prison, $10,000 fine
Death (no prior knowledge) Level 6 Felony 6 months to 2.5 years prison, $10,000 fine
Death or catastrophic injury Level 4 Felony 2 to 12 years prison, $10,000 fine
DUI hit and run (death/catastrophic) Level 3 Felony 3 to 16 years prison, $10,000 fine

Driver Duties After an Accident in Indiana

Under IC 9-26-1-1.1, every driver involved in an accident must:

  1. Stop immediately at the scene or as close as possible
  2. Park without obstructing traffic more than necessary
  3. Provide your information: name, address, and vehicle registration number
  4. Show your driver’s license upon request to the other party or police
  5. Render reasonable assistance to anyone injured, including arranging medical transport
  6. Remain at the scene until all duties are fulfilled

Property Damage Offenses

If an accident results only in property damage and you leave without fulfilling your duties, you commit a Class B misdemeanor. This includes hitting parked vehicles.

Striking Unattended Vehicles

If you hit an unattended vehicle in Indiana:

  • Make reasonable efforts to locate the owner
  • Leave a written note with your contact information if the owner cannot be found
  • Report the incident to police

Injury and Death Offenses

When an accident results in injury or death, the consequences become significantly more severe. Indiana law distinguishes between:

  • Bodily injury: Any physical injury requiring treatment
  • Serious bodily injury: Injury creating substantial risk of death or causing permanent disfigurement or loss of function
  • Catastrophic injury: Injury resulting in permanent disability or impairment

When NOT to Move Your Vehicle

Under IC 9-26-1-1.2, do not move your vehicle if:

  • The accident results in death or serious injury
  • A victim is entrapped
  • You are transporting hazardous materials

Wait for emergency personnel or law enforcement to instruct you. Moving a vehicle in these circumstances may compromise the investigation.

DUI Hit and Run in Indiana

If you leave the scene of an accident that causes death or catastrophic injury while intoxicated, you face a Level 3 felony. This carries:

  • 3 to 16 years in prison
  • Up to $10,000 in fines
  • Consecutive sentencing possible for multiple victims

The statute allows courts to order consecutive sentences for multiple offenses, meaning penalties can compound if more than one person is injured or killed.

IC 9-26-1-1.1(d)

Indiana Crash Statistics

According to the Insurance Institute for Highway Safety (IIHS) data from 2023:

  • Total traffic fatalities: 898 deaths
  • Death rate: 13.1 per 100,000 population
  • Death rate per miles traveled: 1.05 per 100 million vehicle miles
  • Vehicle miles traveled: 85.2 billion miles

Breakdown by road user type (2023):

  • Car occupants: 313 deaths (35%)
  • Pickup and SUV occupants: 245 deaths (27%)
  • Motorcyclists: 145 deaths (16%)
  • Pedestrians: 96 deaths (11%)
  • Bicyclists: 31 deaths (3%)

Possible Defenses to Hit and Run Charges

Prosecutors must prove that you knew or should have known you were in an accident and intentionally failed to stop. Possible defenses include:

  • Lack of knowledge: You genuinely did not realize an accident occurred
  • Safety concerns: You left because you feared for your physical safety
  • Involuntary departure: You were incapacitated (unconscious, transported by others)
  • Compliance: You fulfilled all required duties before leaving
  • Identity: You were not the driver at the time of the accident

Frequently Asked Questions

How long do I have to report an accident in Indiana?

You have 10 days to submit a report to the Bureau of Motor Vehicles. However, you should call police immediately if the accident involves injury, death, or significant property damage.

Is hit and run a felony in Indiana?

It depends on the outcome. Property damage only is a misdemeanor. Serious bodily injury elevates the charge to a Level 6 felony. Death or catastrophic injury is a Level 4 felony, and DUI involvement can make it a Level 3 felony.

What is the statute of limitations for hit and run in Indiana?

For civil claims, you have 2 years from the date of the accident to file a lawsuit. Criminal statute of limitations varies by offense level.

How is fault determined in Indiana?

Indiana follows a comparative fault rule. If you are 51% or more at fault for the accident, you cannot recover damages. Your share of fault reduces any compensation proportionally.

Can I be charged with additional crimes beyond leaving the scene?

Yes. Depending on circumstances, you may also face charges for reckless driving, vehicular homicide, manslaughter, or assault in addition to the hit and run charge.

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