Leaving the Scene of an Accident in Indiana: IC Code Penalties

Leaving the scene of an accident in Indiana is a criminal offense that ranges from a Class B misdemeanor to a Level 3 felony, depending on whether anyone was hurt or killed and whether the driver was intoxicated. A conviction also triggers a mandatory license suspension, an SR-22 insurance filing, and premium increases that often last for years.

What the Law Requires After a Crash

Indiana Code 9-26-1-1.1 says every driver involved in an accident must stop immediately at the scene, or as close to it as possible without blocking traffic more than necessary. Before leaving, the driver has to share their name, address, and vehicle registration number with anyone else involved, and show their license if asked.¹

When someone is hurt or killed, the duties expand. The driver has to give reasonable assistance to anyone injured or trapped, following direction from police, medical personnel, or a 911 operator. The driver also has to notify authorities as quickly as possible: local police inside a city or town, or the county sheriff or nearest state police post outside city limits. Calling 911 satisfies the reporting duty either way.¹

Hitting a parked car or a mailbox counts too. If no one is around, the law still requires you to take reasonable steps to find the owner, and if you can’t, to contact law enforcement and leave the same information you’d give at any other scene. Driving off because the other car was empty is still leaving the scene.¹

Criminal Penalties by Offense Level

Indiana sorts leaving-the-scene offenses into five tiers under IC 9-26-1-1.1(b). The jumps between tiers are steep, and they turn on the harm caused and the driver’s history.¹

Property damage only is a Class B misdemeanor, carrying up to 180 days in jail and a fine of up to $1,000.
Bodily injury that isn’t serious is a Class A misdemeanor, with up to one year in jail and a fine of up to $5,000.²
Moderate or serious bodily injury is a Level 6 felony, punishable by six months to two and a half years in prison, an advisory sentence of one year, and a fine of up to $10,000. The same level applies when the driver has a prior conviction within the past five years for certain traffic-related offenses listed in IC 9-30-10-4(a), regardless of how serious the current accident was.³
Death or catastrophic injury is a Level 4 felony, carrying two to twelve years in prison, an advisory sentence of six years, and a fine of up to $10,000. There is no Level 5 tier for this offense, so the jump from Level 6 is large.⁴
Fleeing after causing serious bodily injury or death while operating while intoxicated is a Level 3 felony, with a potential prison term of three to sixteen years.¹

The line between “bodily injury” and “serious bodily injury” drives many charging decisions. A broken arm is likely serious bodily injury, pushing a case from a Class A misdemeanor up to a Level 6 felony. Catastrophic injury, which includes permanent disfigurement or the loss of a bodily function, pushes it to a Level 4.

License Suspension

A conviction triggers a mandatory suspension under IC 9-30-4-6.1. The Bureau of Motor Vehicles must suspend or revoke the driver’s license and all vehicle registrations of anyone convicted of failing to stop and provide information or assistance at an accident involving death, personal injury, or property damage over $200.⁵

How long the suspension runs depends on the outcome of the accident:

Non-fatal accidents carry a minimum six-month suspension from the date of conviction.
Fatal accidents carry a fixed suspension of two to five years, set by the BMV based on the court’s recommendation.⁵

Getting driving privileges back may require filing an SR-22 certificate of financial responsibility through the driver’s insurance company. The SR-22 obligation runs a minimum of 180 consecutive days, and any lapse during that window resets the clock.⁶

Insurance Fallout

The financial hit reaches well past court fines. Insurers treat a hit-and-run conviction as a strong indicator of high-risk behavior. Premiums commonly triple or quadruple after a conviction, and some insurers cancel the policy or refuse to renew it. Drivers who lose standard coverage often end up in the high-risk market, where plans offer less for more. Combined with the cost of maintaining an SR-22, the insurance impact alone can add thousands of dollars a year for several years.

How Long Prosecutors Have to File Charges

Indiana gives prosecutors two years to file misdemeanor charges (Class A or Class B) and five years to file felony charges (Level 3, 4, or 6) for leaving the scene.⁷ A driver who flees a fatal crash can be charged years later once identified through witness statements, surveillance footage, or forensic evidence.

Possible Defenses

The statute requires that the driver “knowingly or intentionally” failed to comply with the stop-and-report duties. That mental state matters. If a driver genuinely did not realize a collision happened, there was no knowing or intentional failure. The argument carries more weight in minor incidents, like a sideswipe at highway speed, than in collisions with obvious impact.¹

An immediate safety threat can also justify leaving. If staying would have put the driver in danger, say a credible threat of violence from someone else at the scene, that may excuse the departure. Courts generally expect the driver to have contacted law enforcement shortly after reaching safety. A driver who left “for safety” but never called 911 will have a hard time selling the explanation.

Returning to the scene or calling police after leaving does not erase the offense, but it can shape how prosecutors and judges handle the case. A driver who panicked, drove a few blocks, called 911, and came back is in a very different position than one who drove home and said nothing.

1
Indiana General Assembly. Indiana Code 9-26-1-1.1 – Duties of Driver of Motor Vehicle Involved in Accident; Sentencing
2
Indiana General Assembly. Indiana Code 35-50-3-2 – Class A Misdemeanor
3
Indiana General Assembly. Indiana Code 35-50-2-7 – Level 6 Felony
4
Indiana General Assembly. Indiana Code 35-50-2-5.5 – Level 4 Felony
5
Indiana General Assembly. Indiana Code 9-30-4-6.1 – Suspension or Revocation of Drivers License or Driving Privileges
6
Indiana BMV. Proof of Financial Responsibility
7
Indiana General Assembly. Indiana Code 35-41-4-2 – Periods of Limitation