Indiana filing deadlines
| Claim | Deadline |
|---|---|
| Personal injury lawsuit | 2 years |
| Vehicle and property damage | 2 years |
| Wrongful death | 2 years |
| Notice of a claim against a government | Claims against a political subdivision (city, county, etc.): notice within 180 days after the loss (IC 34-13-3-8). |
Wrongful death (IC 34-23-1-1): 'the action shall be commenced by the personal representative of the decedent within two (2) years'. Political subdivision notice (IC 34-13-3-8, amended P.L.46-2023): 'within one hundred eighty (180) days after the loss occurs'.
If you were partly at fault
Indiana follows modified comparative negligence, 51% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.
- With $100,000 in damages and 30% of the fault, you would recover $70,000.
- With 55% of the fault, you would recover $0, because the rule bars your claim.
Recovery allowed at exactly 50%.
Source: IC 34-51-2-6. Compare all states in the comparative negligence table.
At-fault (tort) state
In Indiana the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Your own medical payments or health coverage can pay bills while the claim is pending.
Minimum car insurance in Indiana
$25,000 per person and $50,000 per accident for injuries, $25,000 for property damage. Uninsured motorist coverage is optional or can be rejected in writing.
Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. UM and UIM must be provided at the BI limits 'unless such coverages have been rejected in writing by the insured'.
Damage caps
Indiana does not cap pain and suffering in ordinary car accident cases. Punitive damages: Greater of 3x compensatory damages or $50,000 (Ind. Code 34-51-3-4)
'No pay, no play': an uninsured motorist with a previous financial responsibility violation may not recover noneconomic damages from another vehicle's owner or operator (Ind. Code 34-30-29.2-3). No general noneconomic cap.
Dog bite law
Mixed rule. Strict liability only for unprovoked bites of people acting peaceably while carrying out a legal duty (e.g., mail carriers, meter readers, police); owner liable even without prior vicious behavior. Other dog bite victims rely on common law (known dangerous propensity or negligence).
Source: IC 15-20-1-3. Estimate a claim with the dog bite calculator.
Frequently asked questions
How long do I have to file a car accident claim in Indiana?
2 years from the accident for an injury lawsuit and 2 years for vehicle damage (IC 34-11-2-4(a); IC 34-23-1-1; IC 34-13-3-8). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.
Is Indiana a no-fault state?
No. Indiana is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.
What happens if I was partly at fault in Indiana?
Indiana follows modified comparative negligence, 51% bar (IC 34-51-2-6). Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.
What is the minimum car insurance in Indiana?
$25,000 per person and $50,000 per accident for injuries, $25,000 for property damage (25/50/25).
Does Indiana cap pain and suffering damages?
Not in ordinary car accident cases. 'No pay, no play': an uninsured motorist with a previous financial responsibility violation may not recover noneconomic damages from another vehicle's owner or operator (Ind. Code 34-30-29.2-3). No general noneconomic cap.
Sources
Checked against official Indiana sources November 5, 2026.