What If Both Parties Leave the Scene of a Car Accident?

Leaving the scene of a car accident is one of the most serious mistakes a driver can make under Indiana law. When only one driver flees, the consequences are already severe—but when both parties leave, the situation becomes even more complicated to claim for damages.

At Christie Bell & Marshall, our attorneys frequently receive questions about how Indiana courts handle cases where both parties leave the accident scene. Drawing on decades of experience, we’ll explain the consequences when both drivers flee and how legal counsel can protect your rights in this complicated situation.

Why Leaving the Scene Is Considered a Crime

Indiana law requires drivers involved in a crash to stop at or near the scene and remain there until they’ve exchanged information and assisted anyone who is injured. According to Indiana Code § 9-26-1-1.1, drivers must provide their name, address, and vehicle registration, and failing to do so is a criminal offense.

Obligations after a crash in Indiana include:

• Stopping immediately at the scene or as close as safely possible.
• Exchanging contact and insurance details with other drivers.
• Contacting police and waiting for an officer’s report.
• Providing reasonable assistance to anyone injured.

When these duties are ignored, drivers may face criminal charges ranging from misdemeanors to felonies, depending on the severity of injuries or damage caused.

What Happens If Both Drivers Leave?

When both drivers leave the scene, Indiana law doesn’t excuse either party. Each driver can still be charged individually under the hit-and-run statutes, regardless of who caused the crash. This creates a situation where:

• Criminal penalties can apply to both drivers, even if one was not at fault for causing the accident.
• Liability for injuries or property damage can still be assigned once the crash is investigated.
• Prosecutors may pursue harsher penalties because both parties disregarded the law.

Indiana imposes strict penalties for leaving the scene, and those penalties only become more serious when there is evidence of injury or significant property damage. Leaving also removes the opportunity to document what happened, which can make proving your side of the story far more difficult later.

What Are the Actual Penalties in Indiana if You Leave the Scene?

Under Indiana law, each driver who leaves can be charged separately. Typical statutory penalties include:

• Property damage only: Class B misdemeanor. Up to 180 days in jail and up to $1,000 in fines.
• Bodily injury: Class A misdemeanor. Up to 1 year in jail and up to $5,000 in fines.
• Serious bodily injury: Level 6 felony. 6 months to 2.5 years in prison and up to $10,000 in fines.
• Death: Level 5 felony. 1 to 6 years in prison and up to $10,000 in fines.

Penalties can be harsher if aggravating factors are present, such as impairment. Leaving also risks license suspension and creates hurdles for your insurance claim.

Proving Fault When No One Stays at the Scene

When both drivers leave, investigators face significant challenges. Without direct statements or immediate documentation, law enforcement must rely on other sources to determine what happened. This may include:

• Witness statements from people who saw the crash or the vehicles fleeing.
• Traffic or security cameras in downtown Indianapolis, near intersections, or along highways.
• Accident reconstruction experts who analyze skid marks, debris, and vehicle damage.

But leaving the scene can damage your credibility in future proceedings. If one driver later claims they weren’t at fault, their decision to flee may cast doubt on their story. This is especially important in Indiana, where the state follows a modified comparative fault system. If you are found more than 50% responsible for a crash, you cannot recover damages. Fleeing the scene often complicates fault determinations and can tip the scales against you.

Insurance Complications After Both Parties Leave

Insurance companies rely heavily on police reports and documentation to process claims. When both drivers leave, that paper trail is missing—and insurers may take advantage of the gap to deny coverage. Common complications include:

• Claim denials for failure to follow proper post-crash procedures.
• Delays in payouts as insurers dispute fault and coverage responsibilities.
• Reduced settlements due to the lack of evidence supporting your version of events.

Uninsured or underinsured motorist coverage may come into play if one driver cannot be identified or refuses to accept liability, but leaving the scene yourself can still weaken your ability to collect.

Why It’s Crucial to Contact an Attorney

When both drivers leave, you are potentially facing criminal exposure, insurance pushback, and a harder path to proving fault. Getting counsel quickly helps control damage and preserve options.

How Our Attorneys Can Help After Leaving the Scene

A car accident lawyer can advise you on whether and how to speak with law enforcement and insurers to avoid self‑incrimination while complying with the law.

If you or the other driver left the scene, talk to an attorney immediately. Contact Christie Bell & Marshall to protect your rights and start rebuilding your case the right way.

Frequently Asked Questions: When Both Drivers Leave an Accident Scene

If both drivers leave, will both be charged?

Usually yes. Each driver can be charged separately for leaving under Indiana’s hit‑and‑run statutes, regardless of fault.

Can charges be reduced if I report later?

Reporting promptly may help, but it doesn’t erase the offense. Timely cooperation can influence charging decisions and plea negotiations. An attorney can coordinate that outreach to avoid self‑incrimination while complying with the law.

Does leaving the scene mean I can’t recover compensation in Indiana?

Not automatically. Indiana uses modified comparative fault. If your share of fault is 51% or more, you can’t recover. Leaving can hurt credibility and the evidence record, which may increase your assessed fault, so acting quickly to build proof is critical.

Will my insurance deny my claim because I left?

Insurers often push back due to late reporting or missing documentation. Proper notices and an evidence plan can preserve coverage, including UM/UIM and med‑pay where applicable.

What if the other driver can’t be identified?

Uninsured motorist coverage may apply if the other driver is unidentified or can’t be located. Independent evidence like video, debris patterns, or witness statements becomes even more important.

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