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Indiana accident law

Indiana car accident settlement calculator

Indiana is an at-fault state that uses modified comparative negligence, 51% bar. You generally have 2 years to file an injury lawsuit. The calculator below applies these rules to your numbers.

Injury lawsuit deadline2 yearsIC 34-11-2-4(a); IC 34-23-1-1; IC 34-13-3-8
Fault ruleModified (51% bar)IC 34-51-2-6
Insurance systemAt-faultNo PIP requirement
Minimum liability25/50/25thousands of dollars

Indiana settlement estimate

How serious is the injury?
Moderate: months of treatment, full recovery. Typical multiplier 2 to 3.
Applied to your medical bills. Set by the injury above, adjust if you like.
Leave at 0 if unknown.
Lawyer fee, costs and liens
Estimated amount to you
$46,500

Likely range depends on the injury

Economic damages
$16,500
Pain and suffering
$30,000
Injury claim value
$46,500
After your share of fault
$46,500
Attorney fee and costs
$0
Liens repaid
$0

Indiana: Modified comparative negligence, 51% bar, at-fault (tort) state.

An estimate, not legal advice. Deadlines can be shorter in some situations, for example for claims against a city or state agency. Talk to a Indiana attorney about your case.

Indiana filing deadlines

ClaimDeadline
Personal injury lawsuit2 years
Vehicle and property damage2 years
Wrongful death2 years
Notice of a claim against a governmentClaims against a political subdivision (city, county, etc.): notice within 180 days after the loss (IC 34-13-3-8).
IC 34-11-2-4(a); IC 34-23-1-1; IC 34-13-3-8. Counted from the accident date in most cases.

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.

  1. Indiana statute of limitations: IC 34-11-2-4(a); IC 34-23-1-1; IC 34-13-3-8
  2. Indiana comparative fault: IC 34-51-2-6
  3. Indiana insurance system: Ind. Code 9-25-4-5
  4. Indiana damage caps: Ind. Code 34-51-3-4; 34-30-29.2-3
  5. Indiana dog bite liability: IC 15-20-1-3