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Indiana car accident law: deadlines, fault and your claim

Indiana gives you two years to sue for crash injuries or vehicle damage, bars recovery above 50% fault, and requires notice within 180 days for claims against a city or county.

Last reviewed By the Editorial team 5 min read

General information, not legal advice. Talk to a licensed attorney in your state.

Quick answer

In Indiana you generally have 2 years from the crash to sue for injuries and 2 years to sue for vehicle damage. Indiana uses Modified comparative fault. Comparative negligence with a cut-off: once your share of blame reaches the state's bar (50% or 51%), you recover nothing. Glossary: your damages are reduced by your share of fault, and you recover nothing if your fault is greater than everyone else's combined. If a government vehicle or road was involved, a written notice is due within 180 days for a city or county and 270 days for the state.

Indiana law at a glance

Checked against official sources · October 2026

ClaimDeadline or ruleThe law
Injury2 yearsInd. Code § 34-11-2-4(a)(1)
Vehicle or property damage2 yearsInd. Code § 34-11-2-4(a)(2)
Wrongful death2 yearsfrom the date of deathInd. Code § 34-23-1-1
Shared fault51% bar Modified comparative fault (51% bar)Ind. Code § 34-51-2-6

Indiana's comparative-fault law does not cover claims against government bodies or public employees, which follow separate rules.

Key facts

Injury lawsuit deadline
2 yearsInd. Code § 34-11-2-4(a)(1)
Vehicle damage deadline
2 yearsInd. Code § 34-11-2-4(a)(2)
Wrongful death deadline
2 yearsFrom the date of death
Fault rule
Modified comparative: barred above 50%Ind. Code § 34-51-2-6
Notice to a government body
180 days local, 270 days stateIndiana Tort Claims Act
Minimum liability insurance
$25,000 / $50,000 / $25,000Per person / per crash / property
Fault system
At-faultPIP: Not required
Traffic deaths in Indiana, 2024
832IIHS
Bar referral service
Indy Lawyer FinderIndianapolis area

Filing deadlines in Indiana#

Title 34 of the Indiana Code sets the Statute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary for crash claims. Injury and vehicle damage claims share the same deadline, 2 years, which usually runs from the day of the crash.

ClaimDeadlineLaw
Personal injury2 yearsInd. Code § 34-11-2-4(a)(1)
Damage to your vehicle or other property2 yearsInd. Code § 34-11-2-4(a)(2)
Wrongful death2 years from the date of deathInd. Code § 34-23-1-1
Notice to a city, county or other local body180 days after the lossInd. Code § 34-13-3-8
Notice to the State of Indiana270 days after the lossInd. Code § 34-13-3-6

Injured children. Under Indiana Code § 34-11-6-1, a child injured before age 18 is under a legal disability and may sue within two years after turning 18. This pause is a form of Tolling. Pausing the limitations clock, for example while the injured person is a child. Glossary.

Claims against the government. The Indiana Tort Claims Act bars a claim unless written notice is filed in time. For local bodies, notice must be filed with the governing body of the city, county or other political subdivision and with the Indiana political subdivision risk management commission, within 180 days after the loss. For the state, notice goes to the Attorney General or the state agency involved within 270 days. Government bodies and their employees together pay no more than $700,000 for one person's injury or death and $5,000,000 for everyone hurt in one occurrence.

You can compare deadlines in other states with the deadline lookup tool.

How fault is shared in Indiana#

Under Indiana Code § 34-51-2-6, you are barred from recovering if your fault is greater than the fault of all the other people whose fault caused the injury. If your fault is 50% or less, a jury reduces your damages by your percentage.

See how other shares of fault play out in the fault-rule explainer.

Insurance in Indiana#

Indiana drivers must carry at least $25,000 per person and $50,000 per crash for injuries, plus $25,000 for property damage. Indiana is an at-fault state, so the driver who caused the crash, through their insurer, pays. Indiana does not require personal injury protection (PIP).

  • Uninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary. Included unless rejected in writing (minimum $25,000/$50,000 bodily injury and $25,000 property damage). The Insurance Information Institute estimates that 14.0% of Indiana drivers were uninsured in 2023, against 15.4% nationally.
  • Underinsured motorist coverage. Included unless rejected in writing (minimum $50,000 bodily injury).
  • Medical payments coverage. Not required (optional). It pays medical bills up to a set limit, whoever caused the crash.

The Indiana Department of Insurance takes complaints about how an insurer handles a claim: 1-800-622-4461; (317) 232-2395. For what happens when the other driver has no insurance, see uninsured driver accidents.

After a crash in Indiana#

Indiana Code § 9-26-1-1.1 requires every driver in a crash to stop at or near the scene and stay until they have given their name, address and vehicle registration number to the others involved and shown their driver's license. If anyone is injured or trapped, the driver must give reasonable help. If anyone is hurt or killed, the driver must immediately notify the local police (inside a city or town), the county sheriff or nearest state police post (outside one), or a 911 operator, or make sure someone else does.

To get a copy of the crash report, buy it online through BuyCrash; the Indiana State Police keeps the central repository of all Indiana crash reports. The state police describe the charge for an electronic copy as a nominal fee. Read more about police reports and how insurers use them.

Special rules in Indiana#

Punitive damages. Indiana caps Punitive damages. Extra damages meant to punish very bad conduct, not to repay a loss. Many states cap them; Texas calls them exemplary damages. Glossary at the greater of three times the compensatory damages or $50,000. The injured person does not keep the full award: 75% goes to the state's violent crime victims compensation fund.

Drunk drivers and the businesses that served them. Under Indiana's Dram shop law. A law that can make a bar or store liable for serving alcohol to someone who then causes a crash. Glossary, a person who furnished alcohol can be liable only if they actually knew the drinker was visibly intoxicated when served and the intoxication was a proximate cause of the injury. See drunk driver accidents.

Crashes on Indiana roads#

The Insurance Institute for Highway Safety counted 832 crash deaths in Indiana in 2024, or 12.0 per 100,000 people, compared with 11.5 per 100,000 people nationally. Rural roads accounted for 59% of those deaths, and 26% were speeding-related.

Finding a lawyer in Indiana#

In the Indianapolis area, the Indianapolis Bar Association runs Indy Lawyer Finder, an online referral program that matches people with lawyers through an intake questionnaire on its referral page. Wherever you live, you can check a lawyer's license status on the Indiana courts' Roll of Attorneys before you hire them. See lawyer referral services for questions to ask any service.

Questions people ask

What is the statute of limitations for a car accident in Indiana?

Generally 2 years from the crash for both injuries and vehicle damage, and 2 years from the date of death for wrongful death. Claims against a government body also need a written notice within 180 days (local) or 270 days (state).

Is Indiana a no-fault state?

No. Indiana is an at-fault state, and PIP is not required. You claim against the at-fault driver's liability insurance, or your own uninsured motorist or medical payments coverage if you have it.

Can I recover if I was partly at fault in Indiana?

Yes, if your fault is not greater than everyone else's combined, which means 50% or less. Your damages are reduced by your percentage. At 51% or more, you recover nothing.

Do I have to call the police after a car accident in Indiana?

Yes, if anyone is injured or killed. Notify the local police, the county sheriff, the nearest state police post or a 911 operator right away. For damage to an unattended car, the law requires reasonable steps to notify the owner, and a call to police if the owner cannot be found.

How long do I have to file a claim against an Indiana city or county?

Written notice must be filed within 180 days after the loss, or the claim is barred. For a claim against the State of Indiana, the notice period is 270 days.

Does Indiana cap damages in car accident cases?

Punitive damages are capped at the greater of three times the compensatory damages or $50,000, and most of any award goes to the state. Claims against government bodies are capped at $700,000 per person.

Sources

  1. Indiana State Police, Home page — link to BuyCrash for crash reports
  2. Indiana General Assembly, Ind. Code § 34-11-2-4 (2025 Code via Justia) — as of October 2026
  3. Indiana General Assembly, Ind. Code § 34-13-3-8 (2025 Code via Justia) — as of October 2026
  4. Indiana General Assembly, Ind. Code § 34-13-3-6 (2025 Code via Justia) — as of October 2026
  5. Indiana General Assembly, Ind. Code § 34-23-1-1 (2025 Code via Justia) — as of October 2026
  6. Indiana Court of Appeals, Davis-Brumley v. Fair Oaks Farms (Feb. 29, 2024), Indiana courts Case Clips — as of October 2026
  7. Indiana General Assembly, Ind. Code § 34-51-2-6 (2025 Code via Justia) — as of October 2026
  8. Indianapolis Bar Association, Indy Lawyer Finder — as of October 2026
  9. Indiana General Assembly, Ind. Code § 34-11-6-1 (2025 Code via Justia) — as of October 2026
  10. Indiana General Assembly, Ind. Code § 34-13-3-4 (2025 Code via Justia) — as of October 2026
  11. Insurance Information Institute, Facts + Statistics: Uninsured motorists — as of October 2026
  12. Indiana General Assembly, Ind. Code § 9-26-1-1.1 (2025 Code via Justia) — as of October 2026
  13. Indiana State Police, Crash Reports — as of October 2026
  14. Indiana General Assembly, Ind. Code § 34-51-3-4 (2025 Code via Justia) — as of October 2026
  15. Indiana General Assembly, Ind. Code § 34-51-3-6 (2025 Code via Justia) — as of October 2026
  16. Indiana General Assembly, Ind. Code § 7.1-5-10-15.5 (2025 Code via Justia) — as of October 2026
  17. Indiana Judicial Branch, Home page — as of October 2026
  18. Indiana Bureau of Motor Vehicles, Proof of Financial Responsibility — as of October 2026
  19. Alabama Department of Insurance, State Auto Insurance Laws — as of October 2026
  20. Indiana Department of Insurance, Auto Insurance — as of October 2026
  21. Indiana Department of Insurance, Consumer Services — as of October 2026
  22. IIHS, Fatality Facts 2024: State by state — as of June 2026

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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