IN · Accidents & Injuries

Accidents & Injuries in Indiana

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Indiana Law

Indiana Code Section 34-11-2-4

Indiana imposes a two-year statute of limitations for most personal injury claims. A lawsuit must generally be filed within two years of the date of the accident or injury.

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Procedural Details in Indiana

Indiana follows modified comparative fault with a 51% bar under Indiana Code Section 34-51-2-6. A plaintiff who is 51% or more at fault is barred from recovery. Indiana is not a no-fault auto insurance state. Government claims under the Indiana Tort Claims Act (IC 34-13-3-8) require a notice of tort claim within 180 days for claims against local government and 270 days for claims against the state. Indiana Code Section 34-18-14 caps non-economic damages in medical malpractice cases at $500,000, with different caps on total malpractice recovery. No general cap on compensatory damages in typical accident cases.

Indiana Agencies & Resources

Indiana Department of Insurance

Regulates insurance in Indiana and handles consumer auto insurance complaints.

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Indiana Bureau of Motor Vehicles

Manages Indiana driver records, accident reports, and vehicle registrations.

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Indiana State Bar Association — Lawyer Referral Service

Connects Indiana residents with licensed personal injury attorneys.

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Frequently Asked Questions

How long do I have to file an accident claim in Indiana?

Indiana Code Section 34-11-2-4 provides a two-year statute of limitations for personal injury claims. Government entity claims require notice: 180 days for local government and 270 days for state government under IC 34-13-3-8. Missing the government notice deadline may bar your claim even before the two-year period expires.

What is Indiana's 51% modified comparative fault rule?

Under Indiana Code Section 34-51-2-6, if you are 50% or less at fault, you can recover damages reduced by your percentage of fault. If you are found 51% or more at fault, you are barred from recovering any compensation from the other party. Indiana also requires apportionment of fault among all parties, including non-parties listed on the verdict form.

Is Indiana a no-fault auto insurance state?

No. Indiana operates under a traditional tort (fault-based) auto insurance system. The at-fault driver's liability insurance is responsible for compensating injured parties. Indiana does not require mandatory personal injury protection (PIP) coverage.

Are damages capped in Indiana accident cases?

Indiana does not impose a general cap on compensatory damages in most personal injury accident cases. However, medical malpractice non-economic damages are capped under IC 34-18-14. Government entity claims may also be subject to limitations under the Indiana Tort Claims Act.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026