IC 9-26 ARTICLE 26. ACCIDENTS AND ACCIDENT
REPORTS
IC 9-26-1
Chapter 1. Duties of Drivers, Owners, and Passengers and
Accident 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 require
proof of a collision between a driver's vehicle and another vehicle or
another person if the accident involves serious bodily injury to or the
death 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 results
in the injury or death of a person or the entrapment of a person in a
vehicle shall do the following:
(1) Immediately stop the driver's vehicle at the scene of the
accident or as close to the accident as possible in a manner that
does not obstruct traffic more than is necessary.
(2) Immediately return to and remain at the scene of the
accident until the driver does the following:
(A) Gives the driver's name and address and the registration
number of the vehicle the driver was driving.
(B) Upon request, exhibits the driver's license of the driver
to the following:
(i) The person struck.
(ii) The driver or occupant of or person attending each
vehicle involved in the accident.
(C) Subject to section 1.5(a) of this chapter, determines the
need for and renders reasonable assistance to each person
injured or entrapped in the accident, including the removal
of, or the making of arrangements for the removal of:
(i) each injured person from the scene of the accident to a
physician or hospital for medical treatment; and
(ii) each entrapped person from the vehicle in which the
person is entrapped.
(3) Subject to section 1.5(b) of this chapter, immediately give
notice of the accident by the quickest means of communication
to one (1) of the following:
(A) The local police department, if the accident occurs
within a municipality.
(B) The office of the county sheriff or the nearest state
police post, if the accident occurs outside a municipality.
(4) Within ten (10) days after the accident, forward a written
report of the accident to the:
(A) state police department, if the accident occurs before
January 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 in
injury, death, or entrapment
Sec. 1.5. (a) If:
(1) the driver of a vehicle is physically incapable of determining
the need for or rendering assistance to any injured or entrapped
person as required under section 1(2)(C) of this chapter;
(2) there is another occupant in the vehicle at the time of the
accident who is:
(A) at least:
(i) fifteen (15) years of age and holds a learner's permit
issued under IC 9-24-7-1 or a driver's license issued under
IC 9-24-11; or
(ii) eighteen (18) years of age; and
(B) capable of determining the need for and rendering
reasonable assistance to injured or entrapped persons as
provided in section 1(2)(C) of this chapter; and
(3) the other occupant in the vehicle knows that the driver of the
vehicle is physically incapable of determining the need for or
rendering assistance to any injured or entrapped person;
the vehicle occupant referred to in subdivisions (2) and (3) shall
immediately determine the need for and render reasonable assistance
to each person injured or entrapped in the accident as provided in
section 1(2)(C) of this chapter.
(b) If:
(1) the driver of a vehicle is physically incapable of giving
immediate 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 the
accident who is:
(A) at least:
(i) fifteen (15) years of age and holds a learner's permit
issued under IC 9-24-7-1 or a driver's license issued under
IC 9-24-11; or
(ii) eighteen (18) years of age; and
(B) capable of giving notice as provided in section 1(3) of
this chapter; and
(3) the other occupant in the vehicle knows that the driver of the
vehicle is physically incapable of giving immediate notice of an
accident;
the vehicle occupant referred to in subdivisions (2) and (3) shall
immediately 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 whom
subsection (a) applies, it is a defense to a prosecution of one (1)
vehicle occupant under subsection (a) that the defendant reasonably
believed that another occupant of the vehicle determined the need for
and rendered reasonable assistance as required under subsection (a).
(d) If there is more than one (1) vehicle occupant to whom
subsection (b) applies, it is a defense to a prosecution of one (1)
vehicle occupant under subsection (b) that the defendant reasonably
believed that another occupant of the vehicle gave the notice required
under 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 damage
to 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 does
not result in injury or death of a person or the entrapment of a person
in a vehicle and that does not involve the transportation of hazardous
materials but that does result in damage to a vehicle that is driven or
attended by a person shall do the following:
(1) Immediately stop the vehicle at the scene of the accident or
as close to the accident as possible in a manner that does not
obstruct traffic more than is necessary. If the accident occurs on
a federal interstate highway, or on a ramp providing access to
or from a federal interstate highway, the driver shall, as soon as
safely possible, move the vehicle off the highway or ramp to a
location as close to the accident as possible in a manner that
does not obstruct traffic more than is necessary.
(2) Immediately return to and remain at the scene of the
accident until the driver does the following upon request:
(A) Gives the driver's name and address and the registration
number of the vehicle the driver was driving.
(B) Gives the names and addresses of the owner and any
occupants of the vehicle the driver was driving, if the names
or addresses are different from the name and address
provided under clause (A).
(C) Provides proof of financial responsibility (as defined in
IC 9-25-2-3) for the motor vehicle.
(D) Exhibits the driver's license of the driver to the driver or
occupant of or person attending each vehicle involved in the
accident.
(3) If the accident results in total property damage to an
apparent 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 before
January 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 report
prepared under sections 1(4) and 2(3) of this chapter by the driver of
a 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 vehicles
involved in the accident.
(4) If, on the date of the accident, a motor vehicle liability
policy was in effect with respect to the motor vehicle driven by
the driver preparing the report, the following:
(A) The policy number.
(B) The name of the insurance company that issued the
policy.
(C) The name and signature of an agent of the insurance
company, who by signing the report verifies that the policy
was in effect with respect to the motor vehicle on the date of
the 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 unattended
vehicle shall immediately stop and do one (1) of the following:
(1) Locate and notify the operator or owner of the vehicle of the
name and address of the driver and owner of the vehicle striking
the unattended vehicle.
(2) Leave in a conspicuous place in the vehicle struck a written
notice giving the name and address of the driver and the owner
of the vehicle doing the striking and a statement of the
circumstances 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 than
another vehicle
Sec. 4. (a) The driver of a vehicle that causes damage to the
property of another person, other than damage to a vehicle, shall do
the following:
(1) Immediately stop the vehicle at the scene of the accident or
as close to the accident as possible in a manner that does not
obstruct traffic more than is necessary.
(2) Immediately return to and remain at the scene of the
accident until the driver does the following:
(A) Takes reasonable steps to locate and notify the owner or
person in charge of the property of the damage.
(B) Gives the person the driver's name and address and the
registration number of the vehicle.
(C) Upon request, exhibits the driver's license of the driver
if the driver is required to have a driving license to operate
the vehicle.
(b) If after reasonable inquiry the driver of the vehicle cannot find
the owner or person in charge of the damaged property, the driver of
the vehicle shall do the following:
(1) Notify either the sheriff of the county in which the damaged
property is located or a member of the state police department.
(2) Give the sheriff or state police department the information
required 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 of
accidents 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 or
vehicle owner
Sec. 6. (a) If:
(1) the driver of a vehicle is physically incapable of making a
written report of an accident as required by this chapter; and
(2) there was another occupant in the vehicle at the time of the
accident capable of making a written report;
the occupant shall make or cause to be made the report not made by
the driver.
(b) If:
(1) the driver of a vehicle is physically incapable of making an
immediate or a written report of an accident as required by this
chapter;
(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 driver
of a vehicle involved in an accident file with a designated city or
town 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) is
for the confidential use of the designated city or town department
and 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 injury
or death; failure of driver to fulfill duties following collisions with
unattended vehicles or other property; classification of violations
Sec. 8. (a) A person who knowingly or intentionally fails to stop
or comply with section 1(1) or 1(2) of this chapter after causing
injury to a person commits a Class A misdemeanor. However, the
offense 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 the
offense, the person had a previous conviction of any of the
offenses listed in IC 9-30-10-4(a);
(2) a Class C felony if the accident involves the death of a
person; and
(3) a Class B felony if the person knowingly or intentionally
fails to stop or comply with section 1(1) or 1(2) of this chapter
after committing operating while intoxicated causing serious
bodily injury (IC 9-30-5-4).
(b) A person who knowingly or intentionally fails to stop or
comply with section 3 or 4 of this chapter after causing damage to
the 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 in
damage to another driven or attended vehicle; classification
Sec. 9. A person who intentionally, knowingly, or recklessly
violates section 1(3), 1.5, 2(1), or 2(2) of this chapter commits a
Class 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 or
suspension of driver's license
Sec. 10. The bureau shall, after proper notice is given and a
hearing held, revoke or suspend the driver's license of a person who
fails to make a report required under section 1(4), 2(3), or 5 of this
chapter. As added by P.L.2-1991, SEC.14.
IC 9-26 ARTICLE 26. ACCIDENTS AND ACCIDENT
REPORTS
IC 9-26-1
Chapter 1. Duties of Drivers, Owners, and Passengers and
Accident 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 require
proof of a collision between a driver's vehicle and another vehicle or
another person if the accident involves serious bodily injury to or the
death 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 results
in the injury or death of a person or the entrapment of a person in a
vehicle shall do the following:
(1) Immediately stop the driver's vehicle at the scene of the
accident or as close to the accident as possible in a manner that
does not obstruct traffic more than is necessary.
(2) Immediately return to and remain at the scene of the
accident until the driver does the following:
(A) Gives the driver's name and address and the registration
number of the vehicle the driver was driving.
(B) Upon request, exhibits the driver's license of the driver
to the following:
(i) The person struck.
(ii) The driver or occupant of or person attending each
vehicle involved in the accident.
(C) Subject to section 1.5(a) of this chapter, determines the
need for and renders reasonable assistance to each person
injured or entrapped in the accident, including the removal
of, or the making of arrangements for the removal of:
(i) each injured person from the scene of the accident to a
physician or hospital for medical treatment; and
(ii) each entrapped person from the vehicle in which the
person is entrapped.
(3) Subject to section 1.5(b) of this chapter, immediately give
notice of the accident by the quickest means of communication
to one (1) of the following:
(A) The local police department, if the accident occurs
within a municipality.
(B) The office of the county sheriff or the nearest state
police post, if the accident occurs outside a municipality.
(4) Within ten (10) days after the accident, forward a written
report of the accident to the:
(A) state police department, if the accident occurs before
January 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 in
injury, death, or entrapment
Sec. 1.5. (a) If:
(1) the driver of a vehicle is physically incapable of determining
the need for or rendering assistance to any injured or entrapped
person as required under section 1(2)(C) of this chapter;
(2) there is another occupant in the vehicle at the time of the
accident who is:
(A) at least:
(i) fifteen (15) years of age and holds a learner's permit
issued under IC 9-24-7-1 or a driver's license issued under
IC 9-24-11; or
(ii) eighteen (18) years of age; and
(B) capable of determining the need for and rendering
reasonable assistance to injured or entrapped persons as
provided in section 1(2)(C) of this chapter; and
(3) the other occupant in the vehicle knows that the driver of the
vehicle is physically incapable of determining the need for or
rendering assistance to any injured or entrapped person;
the vehicle occupant referred to in subdivisions (2) and (3) shall
immediately determine the need for and render reasonable assistance
to each person injured or entrapped in the accident as provided in
section 1(2)(C) of this chapter.
(b) If:
(1) the driver of a vehicle is physically incapable of giving
immediate 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 the
accident who is:
(A) at least:
(i) fifteen (15) years of age and holds a learner's permit
issued under IC 9-24-7-1 or a driver's license issued under
IC 9-24-11; or
(ii) eighteen (18) years of age; and
(B) capable of giving notice as provided in section 1(3) of
this chapter; and
(3) the other occupant in the vehicle knows that the driver of the
vehicle is physically incapable of giving immediate notice of an
accident;
the vehicle occupant referred to in subdivisions (2) and (3) shall
immediately 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 whom
subsection (a) applies, it is a defense to a prosecution of one (1)
vehicle occupant under subsection (a) that the defendant reasonably
believed that another occupant of the vehicle determined the need for
and rendered reasonable assistance as required under subsection (a).
(d) If there is more than one (1) vehicle occupant to whom
subsection (b) applies, it is a defense to a prosecution of one (1)
vehicle occupant under subsection (b) that the defendant reasonably
believed that another occupant of the vehicle gave the notice required
under 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 damage
to 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 does
not result in injury or death of a person or the entrapment of a person
in a vehicle and that does not involve the transportation of hazardous
materials but that does result in damage to a vehicle that is driven or
attended by a person shall do the following:
(1) Immediately stop the vehicle at the scene of the accident or
as close to the accident as possible in a manner that does not
obstruct traffic more than is necessary. If the accident occurs on
a federal interstate highway, or on a ramp providing access to
or from a federal interstate highway, the driver shall, as soon as
safely possible, move the vehicle off the highway or ramp to a
location as close to the accident as possible in a manner that
does not obstruct traffic more than is necessary.
(2) Immediately return to and remain at the scene of the
accident until the driver does the following upon request:
(A) Gives the driver's name and address and the registration
number of the vehicle the driver was driving.
(B) Gives the names and addresses of the owner and any
occupants of the vehicle the driver was driving, if the names
or addresses are different from the name and address
provided under clause (A).
(C) Provides proof of financial responsibility (as defined in
IC 9-25-2-3) for the motor vehicle.
(D) Exhibits the driver's license of the driver to the driver or
occupant of or person attending each vehicle involved in the
accident.
(3) If the accident results in total property damage to an
apparent 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 before
January 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 report
prepared under sections 1(4) and 2(3) of this chapter by the driver of
a 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 vehicles
involved in the accident.
(4) If, on the date of the accident, a motor vehicle liability
policy was in effect with respect to the motor vehicle driven by
the driver preparing the report, the following:
(A) The policy number.
(B) The name of the insurance company that issued the
policy.
(C) The name and signature of an agent of the insurance
company, who by signing the report verifies that the policy
was in effect with respect to the motor vehicle on the date of
the 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 unattended
vehicle shall immediately stop and do one (1) of the following:
(1) Locate and notify the operator or owner of the vehicle of the
name and address of the driver and owner of the vehicle striking
the unattended vehicle.
(2) Leave in a conspicuous place in the vehicle struck a written
notice giving the name and address of the driver and the owner
of the vehicle doing the striking and a statement of the
circumstances 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 than
another vehicle
Sec. 4. (a) The driver of a vehicle that causes damage to the
property of another person, other than damage to a vehicle, shall do
the following:
(1) Immediately stop the vehicle at the scene of the accident or
as close to the accident as possible in a manner that does not
obstruct traffic more than is necessary.
(2) Immediately return to and remain at the scene of the
accident until the driver does the following:
(A) Takes reasonable steps to locate and notify the owner or
person in charge of the property of the damage.
(B) Gives the person the driver's name and address and the
registration number of the vehicle.
(C) Upon request, exhibits the driver's license of the driver
if the driver is required to have a driving license to operate
the vehicle.
(b) If after reasonable inquiry the driver of the vehicle cannot find
the owner or person in charge of the damaged property, the driver of
the vehicle shall do the following:
(1) Notify either the sheriff of the county in which the damaged
property is located or a member of the state police department.
(2) Give the sheriff or state police department the information
required 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 of
accidents 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 or
vehicle owner
Sec. 6. (a) If:
(1) the driver of a vehicle is physically incapable of making a
written report of an accident as required by this chapter; and
(2) there was another occupant in the vehicle at the time of the
accident capable of making a written report;
the occupant shall make or cause to be made the report not made by
the driver.
(b) If:
(1) the driver of a vehicle is physically incapable of making an
immediate or a written report of an accident as required by this
chapter;
(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 driver
of a vehicle involved in an accident file with a designated city or
town 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) is
for the confidential use of the designated city or town department
and 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 injury
or death; failure of driver to fulfill duties following collisions with
unattended vehicles or other property; classification of violations
Sec. 8. (a) A person who knowingly or intentionally fails to stop
or comply with section 1(1) or 1(2) of this chapter after causing
injury to a person commits a Class A misdemeanor. However, the
offense 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 the
offense, the person had a previous conviction of any of the
offenses listed in IC 9-30-10-4(a);
(2) a Class C felony if the accident involves the death of a
person; and
(3) a Class B felony if the person knowingly or intentionally
fails to stop or comply with section 1(1) or 1(2) of this chapter
after committing operating while intoxicated causing serious
bodily injury (IC 9-30-5-4).
(b) A person who knowingly or intentionally fails to stop or
comply with section 3 or 4 of this chapter after causing damage to
the 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 in
damage to another driven or attended vehicle; classification
Sec. 9. A person who intentionally, knowingly, or recklessly
violates section 1(3), 1.5, 2(1), or 2(2) of this chapter commits a
Class 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 or
suspension of driver's license
Sec. 10. The bureau shall, after proper notice is given and a
hearing held, revoke or suspend the driver's license of a person who
fails to make a report required under section 1(4), 2(3), or 5 of this
chapter. As added by P.L.2-1991, SEC.14.
IC 9-26 ARTICLE 26. ACCIDENTS AND ACCIDENT
REPORTS
IC 9-26-1
Chapter 1. Duties of Drivers, Owners, and Passengers and
Accident 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 require
proof of a collision between a driver's vehicle and another vehicle or
another person if the accident involves serious bodily injury to or the
death 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 results
in the injury or death of a person or the entrapment of a person in a
vehicle shall do the following:
(1) Immediately stop the driver's vehicle at the scene of the
accident or as close to the accident as possible in a manner that
does not obstruct traffic more than is necessary.
(2) Immediately return to and remain at the scene of the
accident until the driver does the following:
(A) Gives the driver's name and address and the registration
number of the vehicle the driver was driving.
(B) Upon request, exhibits the driver's license of the driver
to the following:
(i) The person struck.
(ii) The driver or occupant of or person attending each
vehicle involved in the accident.
(C) Subject to section 1.5(a) of this chapter, determines the
need for and renders reasonable assistance to each person
injured or entrapped in the accident, including the removal
of, or the making of arrangements for the removal of:
(i) each injured person from the scene of the accident to a
physician or hospital for medical treatment; and
(ii) each entrapped person from the vehicle in which the
person is entrapped.
(3) Subject to section 1.5(b) of this chapter, immediately give
notice of the accident by the quickest means of communication
to one (1) of the following:
(A) The local police department, if the accident occurs
within a municipality.
(B) The office of the county sheriff or the nearest state
police post, if the accident occurs outside a municipality.
(4) Within ten (10) days after the accident, forward a written
report of the accident to the:
(A) state police department, if the accident occurs before
January 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 in
injury, death, or entrapment
Sec. 1.5. (a) If:
(1) the driver of a vehicle is physically incapable of determining
the need for or rendering assistance to any injured or entrapped
person as required under section 1(2)(C) of this chapter;
(2) there is another occupant in the vehicle at the time of the
accident who is:
(A) at least:
(i) fifteen (15) years of age and holds a learner's permit
issued under IC 9-24-7-1 or a driver's license issued under
IC 9-24-11; or
(ii) eighteen (18) years of age; and
(B) capable of determining the need for and rendering
reasonable assistance to injured or entrapped persons as
provided in section 1(2)(C) of this chapter; and
(3) the other occupant in the vehicle knows that the driver of the
vehicle is physically incapable of determining the need for or
rendering assistance to any injured or entrapped person;
the vehicle occupant referred to in subdivisions (2) and (3) shall
immediately determine the need for and render reasonable assistance
to each person injured or entrapped in the accident as provided in
section 1(2)(C) of this chapter.
(b) If:
(1) the driver of a vehicle is physically incapable of giving
immediate 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 the
accident who is:
(A) at least:
(i) fifteen (15) years of age and holds a learner's permit
issued under IC 9-24-7-1 or a driver's license issued under
IC 9-24-11; or
(ii) eighteen (18) years of age; and
(B) capable of giving notice as provided in section 1(3) of
this chapter; and
(3) the other occupant in the vehicle knows that the driver of the
vehicle is physically incapable of giving immediate notice of an
accident;
the vehicle occupant referred to in subdivisions (2) and (3) shall
immediately 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 whom
subsection (a) applies, it is a defense to a prosecution of one (1)
vehicle occupant under subsection (a) that the defendant reasonably
believed that another occupant of the vehicle determined the need for
and rendered reasonable assistance as required under subsection (a).
(d) If there is more than one (1) vehicle occupant to whom
subsection (b) applies, it is a defense to a prosecution of one (1)
vehicle occupant under subsection (b) that the defendant reasonably
believed that another occupant of the vehicle gave the notice required
under 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 damage
to 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 does
not result in injury or death of a person or the entrapment of a person
in a vehicle and that does not involve the transportation of hazardous
materials but that does result in damage to a vehicle that is driven or
attended by a person shall do the following:
(1) Immediately stop the vehicle at the scene of the accident or
as close to the accident as possible in a manner that does not
obstruct traffic more than is necessary. If the accident occurs on
a federal interstate highway, or on a ramp providing access to
or from a federal interstate highway, the driver shall, as soon as
safely possible, move the vehicle off the highway or ramp to a
location as close to the accident as possible in a manner that
does not obstruct traffic more than is necessary.
(2) Immediately return to and remain at the scene of the
accident until the driver does the following upon request:
(A) Gives the driver's name and address and the registration
number of the vehicle the driver was driving.
(B) Gives the names and addresses of the owner and any
occupants of the vehicle the driver was driving, if the names
or addresses are different from the name and address
provided under clause (A).
(C) Provides proof of financial responsibility (as defined in
IC 9-25-2-3) for the motor vehicle.
(D) Exhibits the driver's license of the driver to the driver or
occupant of or person attending each vehicle involved in the
accident.
(3) If the accident results in total property damage to an
apparent 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 before
January 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 report
prepared under sections 1(4) and 2(3) of this chapter by the driver of
a 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 vehicles
involved in the accident.
(4) If, on the date of the accident, a motor vehicle liability
policy was in effect with respect to the motor vehicle driven by
the driver preparing the report, the following:
(A) The policy number.
(B) The name of the insurance company that issued the
policy.
(C) The name and signature of an agent of the insurance
company, who by signing the report verifies that the policy
was in effect with respect to the motor vehicle on the date of
the 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 unattended
vehicle shall immediately stop and do one (1) of the following:
(1) Locate and notify the operator or owner of the vehicle of the
name and address of the driver and owner of the vehicle striking
the unattended vehicle.
(2) Leave in a conspicuous place in the vehicle struck a written
notice giving the name and address of the driver and the owner
of the vehicle doing the striking and a statement of the
circumstances 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 than
another vehicle
Sec. 4. (a) The driver of a vehicle that causes damage to the
property of another person, other than damage to a vehicle, shall do
the following:
(1) Immediately stop the vehicle at the scene of the accident or
as close to the accident as possible in a manner that does not
obstruct traffic more than is necessary.
(2) Immediately return to and remain at the scene of the
accident until the driver does the following:
(A) Takes reasonable steps to locate and notify the owner or
person in charge of the property of the damage.
(B) Gives the person the driver's name and address and the
registration number of the vehicle.
(C) Upon request, exhibits the driver's license of the driver
if the driver is required to have a driving license to operate
the vehicle.
(b) If after reasonable inquiry the driver of the vehicle cannot find
the owner or person in charge of the damaged property, the driver of
the vehicle shall do the following:
(1) Notify either the sheriff of the county in which the damaged
property is located or a member of the state police department.
(2) Give the sheriff or state police department the information
required 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 of
accidents 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 or
vehicle owner
Sec. 6. (a) If:
(1) the driver of a vehicle is physically incapable of making a
written report of an accident as required by this chapter; and
(2) there was another occupant in the vehicle at the time of the
accident capable of making a written report;
the occupant shall make or cause to be made the report not made by
the driver.
(b) If:
(1) the driver of a vehicle is physically incapable of making an
immediate or a written report of an accident as required by this
chapter;
(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 driver
of a vehicle involved in an accident file with a designated city or
town 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) is
for the confidential use of the designated city or town department
and 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 injury
or death; failure of driver to fulfill duties following collisions with
unattended vehicles or other property; classification of violations
Sec. 8. (a) A person who knowingly or intentionally fails to stop
or comply with section 1(1) or 1(2) of this chapter after causing
injury to a person commits a Class A misdemeanor. However, the
offense 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 the
offense, the person had a previous conviction of any of the
offenses listed in IC 9-30-10-4(a);
(2) a Class C felony if the accident involves the death of a
person; and
(3) a Class B felony if the person knowingly or intentionally
fails to stop or comply with section 1(1) or 1(2) of this chapter
after committing operating while intoxicated causing serious
bodily injury (IC 9-30-5-4).
(b) A person who knowingly or intentionally fails to stop or
comply with section 3 or 4 of this chapter after causing damage to
the 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 in
damage to another driven or attended vehicle; classification
Sec. 9. A person who intentionally, knowingly, or recklessly
violates section 1(3), 1.5, 2(1), or 2(2) of this chapter commits a
Class 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 or
suspension of driver's license
Sec. 10. The bureau shall, after proper notice is given and a
hearing held, revoke or suspend the driver's license of a person who
fails to make a report required under section 1(4), 2(3), or 5 of this
chapter. As added by P.L.2-1991, SEC.14.
