What to Do After a Motorcycle Accident in Indiana
Motorcycle accidents happen fast and leave a lot of confusion in their wake. If you or someone you love was just in a crash in Indiana, the decisions you make in the next hours and days can have a big impact on your health — and on any injury claim you might file. This guide walks you through every key step in plain, easy-to-follow language.
1. Make Sure Everyone Is Safe and Call 911
Your first priority is safety. If you can move without making an injury worse, get yourself and any passengers away from traffic. Turn on your hazard lights or ask bystanders to warn oncoming drivers.
Call 911 right away — even if the crash seems minor. Indiana law requires you to report any accident that results in injury, death, or property damage over $1,000. A police report also creates an official record that can be critical later if you file an insurance claim or lawsuit.
When officers arrive, give them an accurate account of what happened. Avoid guessing or admitting fault at the scene — you may not yet know all the facts.
2. Seek Medical Attention Immediately
Motorcycle riders are uniquely vulnerable. Even with a helmet and gear, you can suffer internal injuries, traumatic brain injuries, or spinal damage that don't feel serious right away. Adrenaline masks pain.
Go to the emergency room or urgent care the same day — even if you feel okay. Getting checked out does two things:
- It protects your health by catching hidden injuries early.
- It creates a medical record that links your injuries to the crash date, which is essential for an insurance claim.
If you skip medical care and symptoms appear days later, an insurance adjuster may argue your injuries came from somewhere else.
3. Document the Scene and Gather Evidence
If you are physically able, collect as much evidence as possible before leaving the scene:
- Photos and video: Photograph your motorcycle, the other vehicle(s), road conditions, skid marks, traffic signs, and your visible injuries.
- Driver information: Get the other driver's name, license number, insurance carrier, and policy number.
- Witness contacts: Names and phone numbers of anyone who saw the crash.
- Weather and lighting notes: These details fade quickly from memory.
Back up everything to the cloud as soon as possible.
4. Understand Indiana's Fault and Insurance Rules
Indiana is an at-fault state, meaning the driver who caused the accident is responsible for paying damages. You have several options for recovering compensation:
- File a claim with the at-fault driver's liability insurance.
- File a claim with your own insurance (uninsured/underinsured motorist coverage, if you have it).
- File a personal injury lawsuit.
Indiana follows a modified comparative fault rule. You can still recover damages as long as you are less than 51% at fault for the crash. However, your compensation is reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $100,000, you would recover $80,000 — confirm the specifics with your attorney since individual case facts vary.
Indiana also requires all drivers and riders to carry minimum liability insurance. Motorcyclists are subject to the same requirements as other motor vehicle operators.
5. Know Indiana's Statute of Limitations
In Indiana, you generally have two years from the date of the accident to file a personal injury lawsuit (Indiana Code § 34-11-2-4). Miss that deadline and you almost certainly lose your right to sue — no matter how strong your case is.
There are limited exceptions (such as cases involving minors or government vehicles), but you should never count on an exception applying to your situation. Talk to an attorney well before the two-year mark. Start a free case intake here to get the clock moving in your favor.
6. Avoid Common Mistakes That Can Hurt Your Claim
Insurance companies look for reasons to reduce or deny your payout. Protect yourself by avoiding these pitfalls:
- Don't give a recorded statement to the other driver's insurer without legal guidance.
- Don't post about the accident on social media. Photos and comments can be used against you.
- Don't accept a quick settlement before you know the full extent of your injuries. Once you sign a release, you typically cannot go back for more money.
- Do keep records of every medical appointment, bill, prescription, and day of missed work.
Frequently Asked Questions
Do I need a helmet in Indiana?
Indiana does not have a universal motorcycle helmet law. Riders 18 and older are not legally required to wear a helmet, though helmets are strongly recommended for safety. If you were not wearing a helmet and suffered a head injury, the other side may argue this contributed to your damages — a factor that could affect your comparative fault percentage.
What if the other driver was uninsured?
Indiana has a relatively high rate of uninsured drivers. If the at-fault driver has no insurance, you may be able to file a claim under your own uninsured motorist (UM) coverage if you purchased it. This is one reason riders are encouraged to carry UM/UIM coverage beyond the state minimum.
How long do motorcycle accident claims take in Indiana?
It varies widely. Simple claims with clear liability and minor injuries may settle in a few months. Cases involving serious injuries, disputed fault, or litigation can take one to three years or longer. Connect with our intake team to get a better sense of what your timeline might look like.
Can I still recover if I was partly at fault?
Yes, as long as you are less than 51% at fault under Indiana's modified comparative fault rule, you can still recover damages — but your award will be reduced by your share of fault.
What damages can I recover after a motorcycle crash in Indiana?
You may be able to seek compensation for medical bills, future medical care, lost wages, loss of earning capacity, pain and suffering, and property damage. Indiana does not cap compensatory damages in most personal injury cases, but caps may apply in certain situations — confirm with your attorney.
Motorcycle accidents can turn your life upside down in an instant. The steps you take right after the crash — getting medical care, documenting evidence, and understanding your legal rights — lay the foundation for any claim you might pursue.
Talk to our 24/7 AI to see if you have a strong case — free, no obligation. → Start free intake