IC 9-26
    ARTICLE 26. ACCIDENTS AND ACCIDENTREPORTS

IC 9-26-1
    Chapter 1. Duties of Drivers, Owners, and Passengers andAccident Reports

IC 9-26-1-0.5
Proof if accident involves serious bodily injury
    Sec. 0.5. For purposes of this chapter, an accident does not requireproof of a collision between a driver's vehicle and another vehicle oranother person if the accident involves serious bodily injury to or thedeath of a person.
As added by P.L.94-2006, SEC.4.

IC 9-26-1-1
Duties of driver of vehicle involved in accident resulting in injury,death, or entrapment
    Sec. 1. The driver of a vehicle involved in an accident that resultsin the injury or death of a person or the entrapment of a person in avehicle shall do the following:
        (1) Immediately stop the driver's vehicle at the scene of theaccident or as close to the accident as possible in a manner thatdoes not obstruct traffic more than is necessary.
        (2) Immediately return to and remain at the scene of theaccident until the driver does the following:
            (A) Gives the driver's name and address and the registrationnumber of the vehicle the driver was driving.
            (B) Upon request, exhibits the driver's license of the driverto the following:
                (i) The person struck.
                (ii) The driver or occupant of or person attending eachvehicle involved in the accident.
            (C) Subject to section 1.5(a) of this chapter, determines theneed for and renders reasonable assistance to each personinjured or entrapped in the accident, including the removalof, or the making of arrangements for the removal of:
                (i) each injured person from the scene of the accident to aphysician or hospital for medical treatment; and
                (ii) each entrapped person from the vehicle in which theperson is entrapped.
        (3) Subject to section 1.5(b) of this chapter, immediately givenotice of the accident by the quickest means of communicationto one (1) of the following:
            (A) The local police department, if the accident occurswithin a municipality.
            (B) The office of the county sheriff or the nearest statepolice post, if the accident occurs outside a municipality.        (4) Within ten (10) days after the accident, forward a writtenreport of the accident to the:
            (A) state police department, if the accident occurs beforeJanuary 1, 2006; or
            (B) bureau, if the accident occurs after December 31, 2005.
As added by P.L.2-1991, SEC.14. Amended by P.L.210-2005,SEC.50; P.L.126-2008, SEC.3; P.L.1-2009, SEC.88.

IC 9-26-1-1.5
Duties of passenger of vehicle involved in accident resulting ininjury, death, or entrapment
    Sec. 1.5. (a) If:
        (1) the driver of a vehicle is physically incapable of determiningthe need for or rendering assistance to any injured or entrappedperson as required under section 1(2)(C) of this chapter;
        (2) there is another occupant in the vehicle at the time of theaccident who is:
            (A) at least:
                (i) fifteen (15) years of age and holds a learner's permitissued under IC 9-24-7-1 or a driver's license issued underIC 9-24-11; or
                (ii) eighteen (18) years of age; and
            (B) capable of determining the need for and renderingreasonable assistance to injured or entrapped persons asprovided in section 1(2)(C) of this chapter; and
        (3) the other occupant in the vehicle knows that the driver of thevehicle is physically incapable of determining the need for orrendering assistance to any injured or entrapped person;
the vehicle occupant referred to in subdivisions (2) and (3) shallimmediately determine the need for and render reasonable assistanceto each person injured or entrapped in the accident as provided insection 1(2)(C) of this chapter.
    (b) If:
        (1) the driver of a vehicle is physically incapable of givingimmediate notice of an accident as required under section 1(3)of this chapter;
        (2) there is another occupant in the vehicle at the time of theaccident who is:
            (A) at least:
                (i) fifteen (15) years of age and holds a learner's permitissued under IC 9-24-7-1 or a driver's license issued underIC 9-24-11; or
                (ii) eighteen (18) years of age; and
            (B) capable of giving notice as provided in section 1(3) ofthis chapter; and
        (3) the other occupant in the vehicle knows that the driver of thevehicle is physically incapable of giving immediate notice of anaccident;
the vehicle occupant referred to in subdivisions (2) and (3) shallimmediately give notice of the accident by the quickest means of

communication as provided in section 1(3) of this chapter.
    (c) If there is more than one (1) vehicle occupant to whomsubsection (a) applies, it is a defense to a prosecution of one (1)vehicle occupant under subsection (a) that the defendant reasonablybelieved that another occupant of the vehicle determined the need forand rendered reasonable assistance as required under subsection (a).
    (d) If there is more than one (1) vehicle occupant to whomsubsection (b) applies, it is a defense to a prosecution of one (1)vehicle occupant under subsection (b) that the defendant reasonablybelieved that another occupant of the vehicle gave the notice requiredunder subsection (b).
As added by P.L.126-2008, SEC.4.

IC 9-26-1-2
Duties of driver of vehicle involved in accident resulting in damageto vehicle driven or attended by person but not resulting in injury,death, or entrapment
    Sec. 2. The driver of a vehicle involved in an accident that doesnot result in injury or death of a person or the entrapment of a personin a vehicle and that does not involve the transportation of hazardousmaterials but that does result in damage to a vehicle that is driven orattended by a person shall do the following:
        (1) Immediately stop the vehicle at the scene of the accident oras close to the accident as possible in a manner that does notobstruct traffic more than is necessary. If the accident occurs ona federal interstate highway, or on a ramp providing access toor from a federal interstate highway, the driver shall, as soon assafely possible, move the vehicle off the highway or ramp to alocation as close to the accident as possible in a manner thatdoes not obstruct traffic more than is necessary.
        (2) Immediately return to and remain at the scene of theaccident until the driver does the following upon request:
            (A) Gives the driver's name and address and the registrationnumber of the vehicle the driver was driving.
            (B) Gives the names and addresses of the owner and anyoccupants of the vehicle the driver was driving, if the namesor addresses are different from the name and addressprovided under clause (A).
            (C) Provides proof of financial responsibility (as defined inIC 9-25-2-3) for the motor vehicle.
            (D) Exhibits the driver's license of the driver to the driver oroccupant of or person attending each vehicle involved in theaccident.
        (3) If the accident results in total property damage to anapparent extent of at least one thousand dollars ($1,000),forward a written report of the accident to the:
            (A) state police department, if the accident occurs beforeJanuary 1, 2006; or
            (B) bureau, if the accident occurs after December 31, 2005;
within ten (10) days after the accident.As added by P.L.2-1991, SEC.14. Amended by P.L.157-2003, SEC.3;P.L.210-2005, SEC.51; P.L.126-2008, SEC.5; P.L.54-2009, SEC.10.

IC 9-26-1-2.5
Contents of driver's report
    Sec. 2.5. Only the following must be included in the written reportprepared under sections 1(4) and 2(3) of this chapter by the driver ofa motor vehicle involved in an accident:
        (1) The name and address of the driver preparing the report.
        (2) The date of the accident.
        (3) The names and addresses of the drivers of the other vehiclesinvolved in the accident.
        (4) If, on the date of the accident, a motor vehicle liabilitypolicy was in effect with respect to the motor vehicle driven bythe driver preparing the report, the following:
            (A) The policy number.
            (B) The name of the insurance company that issued thepolicy.
            (C) The name and signature of an agent of the insurancecompany, who by signing the report verifies that the policywas in effect with respect to the motor vehicle on the date ofthe accident.
As added by P.L.106-1991, SEC.1.

IC 9-26-1-3
Duties of driver of vehicle colliding with unattended vehicle
    Sec. 3. The driver of a vehicle that collides with an unattendedvehicle shall immediately stop and do one (1) of the following:
        (1) Locate and notify the operator or owner of the vehicle of thename and address of the driver and owner of the vehicle strikingthe unattended vehicle.
        (2) Leave in a conspicuous place in the vehicle struck a writtennotice giving the name and address of the driver and the ownerof the vehicle doing the striking and a statement of thecircumstances of the accident.
As added by P.L.2-1991, SEC.14.

IC 9-26-1-4
Duties of driver of vehicle causing damage to property other thananother vehicle
    Sec. 4. (a) The driver of a vehicle that causes damage to theproperty of another person, other than damage to a vehicle, shall dothe following:
        (1) Immediately stop the vehicle at the scene of the accident oras close to the accident as possible in a manner that does notobstruct traffic more than is necessary.
        (2) Immediately return to and remain at the scene of theaccident until the driver does the following:
            (A) Takes reasonable steps to locate and notify the owner orperson in charge of the property of the damage.            (B) Gives the person the driver's name and address and theregistration number of the vehicle.
            (C) Upon request, exhibits the driver's license of the driverif the driver is required to have a driving license to operatethe vehicle.
    (b) If after reasonable inquiry the driver of the vehicle cannot findthe owner or person in charge of the damaged property, the driver ofthe vehicle shall do the following:
        (1) Notify either the sheriff of the county in which the damagedproperty is located or a member of the state police department.
        (2) Give the sheriff or state police department the informationrequired by this section.
As added by P.L.2-1991, SEC.14.

IC 9-26-1-5
State police department; requiring reports from witnesses
    Sec. 5. The state police department may require witnesses ofaccidents to submit reports to the state police department.
As added by P.L.2-1991, SEC.14. Amended by P.L.210-2005,SEC.52.

IC 9-26-1-6
Incapacity of driver to make report; report made by occupant orvehicle owner
    Sec. 6. (a) If:
        (1) the driver of a vehicle is physically incapable of making awritten report of an accident as required by this chapter; and
        (2) there was another occupant in the vehicle at the time of theaccident capable of making a written report;
the occupant shall make or cause to be made the report not made bythe driver.
    (b) If:
        (1) the driver of a vehicle is physically incapable of making animmediate or a written report of an accident as required by thischapter;
        (2) there was no other occupant; and
        (3) the driver is not the owner of the vehicle;
the owner of the vehicle involved in the accident shall, within five(5) days after the accident, make the report not made by the driver.
As added by P.L.2-1991, SEC.14. Amended by P.L.126-2008, SEC.6.

IC 9-26-1-7
City or town ordinances; accident reports; confidentiality
    Sec. 7. (a) A city or town may by ordinance require that the driverof a vehicle involved in an accident file with a designated city ortown department:
        (1) a report of the accident; or
        (2) a copy of a report required in this article to be filed with the:
            (A) state police department; or
            (B) bureau.    (b) An accident report required to be filed under subsection (a) isfor the confidential use of the designated city or town departmentand subject to IC 9-26-3-4.
As added by P.L.2-1991, SEC.14. Amended by P.L.210-2005,SEC.53.

IC 9-26-1-8
Failure to stop and remain at scene of accident resulting in injuryor death; failure of driver to fulfill duties following collisions withunattended vehicles or other property; classification of violations
    Sec. 8. (a) A person who knowingly or intentionally fails to stopor comply with section 1(1) or 1(2) of this chapter after causinginjury to a person commits a Class A misdemeanor. However, theoffense is:
        (1) a Class D felony if:
            (A) the accident involves serious bodily injury to a person;or
            (B) within the five (5) years preceding the commission of theoffense, the person had a previous conviction of any of theoffenses listed in IC 9-30-10-4(a);
        (2) a Class C felony if the accident involves the death of aperson; and
        (3) a Class B felony if the person knowingly or intentionallyfails to stop or comply with section 1(1) or 1(2) of this chapterafter committing operating while intoxicated causing seriousbodily injury (IC 9-30-5-4).
    (b) A person who knowingly or intentionally fails to stop orcomply with section 3 or 4 of this chapter after causing damage tothe property of another person commits a Class B misdemeanor.
As added by P.L.2-1991, SEC.14. Amended by P.L.96-1996, SEC.2;P.L.97-1996, SEC.2; P.L.126-2008, SEC.7.

IC 9-26-1-9
Failure of driver or passenger to give notice of serious accident;failure to stop and to remain at scene of accident resulting indamage to another driven or attended vehicle; classification
    Sec. 9. A person who intentionally, knowingly, or recklesslyviolates section 1(3), 1.5, 2(1), or 2(2) of this chapter commits aClass C misdemeanor.
As added by P.L.2-1991, SEC.14. Amended by P.L.126-2008, SEC.8.

IC 9-26-1-10
Failure to make required report; notice; hearing; revocation orsuspension of driver's license
    Sec. 10. The bureau shall, after proper notice is given and ahearing held, revoke or suspend the driver's license of a person whofails to make a report required under section 1(4), 2(3), or 5 of thischapter.
As added by P.L.2-1991, SEC.14.