Indiana Hit and Run Laws: Penalties and What to Do

Indiana requires every driver involved in a crash to stop, identify themselves, and render aid under Ind. Code 9-26-1-1.1. Penalties range from a Class B misdemeanor for property damage to a Level 3 felony for a DUI-related death, catastrophic injury, or serious bodily injury, with prison terms up to 16 years.

Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free Indiana Car Accident Settlement Calculator.

Overview of Indiana Hit and Run Laws

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

Indiana law takes leaving the scene of an accident seriously. Under IC 9-26-1-1.1, every driver involved in a crash must stop immediately, provide identification, and assist anyone who is injured. Failing to do so is a criminal offense that can range from a misdemeanor to a serious felony, depending on the outcome of the accident.

This guide breaks down the specific duties required of drivers, the criminal penalties for leaving the scene, administrative consequences for your driving record, insurance options if you are a victim, and the time limits for filing claims.

Driver Duties After an Accident in Indiana

Under IC 9-26-1-1.1, every driver involved in an accident must fulfill several obligations before leaving the scene. These duties apply regardless of who caused the crash.

Required Actions at the Scene

• Stop immediately at the scene or as close to the accident as safely possible
• Do not obstruct traffic more than necessary when parking your vehicle
• Provide your information to the other driver, including your name, address, and vehicle registration number
• Show your driver's license when requested by the other party or law enforcement
• Render reasonable assistance to anyone injured in or entrapped by the crash, as directed by a law enforcement officer, medical personnel, or a 911 operator (required when the accident results in injury or death)
• Remain at the scene until you have completed all required duties
• Notify law enforcement by the quickest means of communication available if the accident results in injury or death

For accidents within a municipality, contact the local police department. For accidents outside city limits, contact the county sheriff's office or the nearest Indiana State Police post. Calling 911 also satisfies this duty.

Reporting the Accident to the BMV

Indiana no longer has a separate driver-filed crash report requirement; the old reporting sections (IC 9-26-1-2 through 9-26-1-4) were repealed. Instead, under IC 9-26-2-1 a law enforcement officer must investigate every crash that results in:

• Injury or death of any person
• Total property damage to an apparent extent of at least $2,500

Under IC 9-25-5-2, no more than 45 days after the Indiana Bureau of Motor Vehicles (BMV) receives a copy of the accident report, it sends each driver identified in the report, regardless of fault, a request for evidence of financial responsibility (proof of insurance).

Striking Unattended Vehicles or Property

If you hit an unattended vehicle or damage property other than a vehicle, IC 9-26-1-1.1 requires you to:

• Take reasonable steps to locate and notify the owner or person in charge of the damaged vehicle or property
• If the owner cannot be found after reasonable inquiry, contact a law enforcement officer or agency and provide the required information (your name, address, and vehicle registration number)

Criminal Penalties for Hit and Run in Indiana

Indiana law uses a tiered penalty structure for leaving the scene of an accident. The severity of the criminal charge depends on the level of harm caused and whether the driver was impaired.

Penalty Table

Property Damage Only (Class B Misdemeanor)

If the accident causes only property damage and you leave without fulfilling your duties, you commit a Class B misdemeanor. This includes hitting parked vehicles, mailboxes, fences, or other structures. The maximum penalty is 180 days in jail and a $1,000 fine.

Bodily Injury (Class A Misdemeanor)

When the accident results in bodily injury to another person, the charge rises to a Class A misdemeanor. "Bodily injury" means any impairment of physical condition, including pain. A conviction carries up to one year in jail and a fine of up to $5,000.

Moderate or Serious Bodily Injury, or Prior Conviction (Level 6 Felony)

The offense becomes a Level 6 felony under two circumstances:

1. The accident results in moderate or serious bodily injury to another person. Serious bodily injury means injury that creates a substantial risk of death or causes serious permanent disfigurement or loss of function
2. Within the preceding five years, the driver had a prior conviction for any offense listed in IC 9-30-10-4(a): reckless homicide or voluntary or involuntary manslaughter involving a motor vehicle, failing to stop at a crash resulting in death or injury, or operating while intoxicated (or with a prohibited alcohol concentration or controlled substance) resulting in death. A prior leaving-the-scene conviction for a property-damage-only crash does not count

A Level 6 felony carries a sentence of six months to two and a half years in prison, plus fines up to $10,000.

Death or Catastrophic Injury (Level 4 Felony)

If someone dies or suffers catastrophic injury as a result of the accident, leaving the scene is a Level 4 felony. Catastrophic injury includes permanent disability or impairment. This carries two to twelve years in prison and fines up to $10,000.

DUI Hit and Run (Level 3 Felony)

The most severe charge applies when a driver knowingly or intentionally fails to stop or comply with these duties during or after committing operating while intoxicated causing serious bodily injury (IC 9-30-5-4) or operating while intoxicated causing death or catastrophic injury (IC 9-30-5-5). Impairment alone does not trigger this level; the OWI offense itself must have caused serious bodily injury, death, or catastrophic injury. A Level 3 felony carries three to sixteen years in prison and fines up to $10,000.

Important: Indiana law treats each injured or deceased victim as a separate offense. Courts may order consecutive sentences, meaning penalties compound when multiple people are harmed.

Administrative Penalties and License Consequences

Beyond criminal charges, a hit and run conviction in Indiana carries significant administrative penalties through the Indiana BMV.

Points on Your Driving Record

Under 140 IAC 1-4.5-10, a leaving-the-scene conviction adds 8 points to your driving record, or 10 points when the crash involved injury or death. Under 140 IAC 1-4.5-4, points stay active for 24 months, 14 to 18 active points bring a warning notice, and 20 or more active points trigger a license suspension.

The suspension schedule works as follows:

• 20 points: 1-month suspension
• 22 points: 2-month suspension
• 24 points: 3-month suspension
• Each additional 2 points adds another month, up to a 12-month suspension at 42 or more points

Habitual Traffic Violator Status

A conviction under IC 9-26-1-1.1 also counts toward Indiana's habitual traffic violator law, IC 9-30-10-4. Failing to stop at a crash resulting in death or injury is one of the offenses where two judgments within ten years make a driver a habitual violator, and any leaving-the-scene conviction counts toward the three-judgment threshold.

When Not to Move Your Vehicle

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

• The accident results in injury or death of any person
• A person is entrapped in a vehicle
• You are transporting hazardous materials

Wait for emergency personnel or law enforcement to arrive and instruct you. Moving your vehicle in these situations may compromise the crash investigation and could result in additional charges.

However, if the accident causes only property damage and your vehicle creates a traffic obstruction, you should move it to the nearest safe location that does not obstruct traffic.

Insurance Implications for Hit and Run Victims

If you are the victim of a hit and run in Indiana, you have several insurance options to recover compensation.

Uninsured Motorist (UM) Coverage

Indiana law requires auto insurance companies to offer uninsured motorist (UM) coverage to all policyholders. In a hit and run, the fleeing driver is treated as an uninsured motorist. UM coverage pays for:

• Medical expenses
• Lost wages
• Pain and suffering
• Other injury-related damages

Indiana's minimum UM coverage limits are $25,000 per person and $50,000 per accident for bodily injury and, where UM property damage coverage is included, $25,000 for property damage. You can reject UM coverage in writing, so check your policy.

Collision Coverage

If you carry collision coverage, it will pay for repairs to your vehicle regardless of fault, minus your deductible. This applies even when the at-fault driver cannot be identified.

Filing a Claim

To preserve your rights after a hit and run:

1. Call 911 and file a police report immediately
2. Document the scene with photos and gather witness contact information
3. Note any details about the fleeing vehicle (make, model, color, license plate)
4. Notify your insurance company within a reasonable time
5. Respond to any BMV request for proof of insurance that follows the police accident report

Statute of Limitations

Indiana imposes time limits on both criminal prosecution and civil lawsuits related to hit and run accidents.

Criminal Time Limits

The statute of limitations for criminal prosecution depends on the offense classification:

These deadlines run from the date of the offense. After the time limit expires, prosecutors generally cannot file charges.

Civil Time Limits

Under IC 34-11-2-4, the statute of limitations for personal injury and property damage claims in Indiana is 2 years from the date of the accident.

Indiana's Comparative Fault Rule

Indiana follows a modified comparative fault system under IC 34-51-2-6. This rule affects how damages are calculated in civil claims arising from hit and run accidents.

• If you are 50% or less at fault, you can recover damages, but your award is reduced by your percentage of fault
• If you are 51% or more at fault, you are barred from recovering any compensation

For example, if a court finds you 30% at fault and your total damages are $100,000, you would recover $70,000.

Note that fleeing the scene does not automatically make you 100% at fault for causing the accident. Fault for the crash and liability for leaving the scene are separate legal issues. However, leaving the scene often makes it harder to defend against fault allegations because evidence may be lost.

Possible Defenses to Hit and Run Charges

Prosecutors must prove that you knowingly or intentionally failed to comply with the duties in IC 9-26-1-1.1(a). Common defenses include:

• Lack of knowledge: You genuinely did not realize an accident occurred (for example, a minor bump in heavy traffic)
• Safety concerns: You left the scene because you reasonably feared for your physical safety and reported the accident promptly afterward
• Involuntary departure: You were incapacitated, unconscious, or transported away from the scene by others
• Full compliance: You fulfilled all duties required by law before leaving
• Mistaken identity: You were not the driver of the vehicle at the time of the accident

Indiana Crash Statistics

According to the Insurance Institute for Highway Safety (IIHS), Indiana recorded 989 motor vehicle deaths in 2023. The Federal Highway Administration reported that Indiana's fatal crash rate was 1.05 deaths per 100 million vehicle miles traveled.

Breakdown by road user type (2023):

Nationally, NHTSA estimated 39,345 traffic fatalities in 2024, a 3.8% decrease from 2023. Preliminary data for 2025 suggests a continued downward trend.

More Indiana Laws

• Indiana Car Accident Laws
• Indiana Statute of Limitations