You Have 48 Hours to Report Every Fender-Bender in Indiana, Fact or Fiction?

You Have 48 Hours to Report Every Fender-Bender in Indiana—Fact or Fiction?

If you've been involved in a minor car accident in Indiana, you might have heard the claim: "You have 48 hours to report a fender-bender, or else!" But is that really true? Let’s break down the facts.

Understanding Indiana’s Reporting Requirements

Many Hoosiers believe that minor collisions must be reported within 48 hours or face consequences. But the truth, according to Indiana Code § 9-26-1-1.1, is a bit different. This provision sets immediate legal obligations at the crash scene, not a delayed reporting deadline.

Indiana Code § 9-26-1-1.1(a) requires the driver to immediately stop and stay at the scene, exchange name, address, license, and registration, and provide reasonable assistance if anyone is injured or dead. If the crash involves unoccupied property, the driver must locate the owner or contact law enforcement right away. 

Further, if the accident causes injury, death, or more than $1,000 in property damage, the driver must immediately notify local police, sheriff, state police, or 911, not within 48 hours. After the initial report, Indiana law also requires filing an Operator’s Proof of Insurance/Crash Report with the BMV within 10 days, this is where confusion about a 48-hour rule may originate. 

So, where did the “48-hour” rule come from?

• Myth: Some insurance providers or local sources suggest reporting within 48 hours for smoother claims processing.

• Fact: No official 48-hour window exists under state law for reporting fender-benders. Immediate action at the scene is the legal requirement.

What are the consequences?

Failing to stop, exchange information, assist, or notify authorities immediately is a serious offense. It's a Class B misdemeanor, escalating to a Class A misdemeanor or even a Level 6 or 4 felony depending on injury or death. 

Bottom Line

The “48-hour” rule is fiction. Indiana law demands immediate action at the scene and a 10-day submission to the BMV for serious accidents or property damage over $1,000. Skip either step and you risk criminal charges and license suspension.

When in doubt: stay, exchange info, call the police right away, and follow up with your insurance and BMV. If you need help, contact Brinkley Law today at 317-766-1379 to discuss your case.