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  • Writer's pictureRobert Schuerger II

How Long Can You Sue After a Car Accident in Indiana? Everything One Should Know

Indiana's statute of limitations for a car accident is two years from the accident date. This is the length of time a victim has to file a car accident lawsuit for their injuries or financial losses. However, that amount of time might be extended in some situations.


After being injured in a car accident, it's crucial to know how much time there is to file a claim for property damage to the vehicle and injuries. This is the question on most people's minds: How long after the accident could one claim injury in this state?


The amount of time one has to file a personal injury case relating to medical malpractice or anything else gets established by state law, and it's called the statute of limitations. It's crucial to understand this information, which often starts on the day of the accident.


If one is unsure of the filing deadline or wants to begin their case, it's important to contact the lawyers at Schuerger Shunnarah Trial Attorneys for a free consultation. Dial (833) 692-5038 or use the online form to get assistance! They can also help with questions like, "How much is a typical car accident settlement in Indiana?"


Two-year Limit for Personal Injury Claims Per the Statute of Limitations

Two-year Limit for Personal Injury Claims Per the Statute of Limitations


There are certain exceptions to the two-year deadline stated in the statute of limitations. These include:

  • When the victim is a minor child injured in an Indiana car accident, the two-year limit begins on their 18th birthday.

  • If one is mentally or physically disabled, the filing time starts on the date when the legal disability status gets removed. For example, if the victim were in a car accident and were declared legally disabled because of the injuries as they were in a coma, they'd have two years to file the claim from the point they're not considered disabled.

  • If the injured person(s) dies during that two-year period, an extension of 18 months from the person's death gets added to the statute of limitations.

Personal injury cases can be quite confusing, and it can take two years to collect evidence, investigate the accident, determine the at-fault parties and insurers, and file the case for injury compensation and pain and suffering.


The best course of action is to address one's medical needs first and then speak to a car accident attorney about legal options regarding a personal injury claim.


Notice of Claim for a Personal Injury Lawsuit


There are also other time constraints included when the incident involves a local, state, federal, or government entity. One must follow the state's rules and file a notice of claim, or they can lose their right to get compensation from the government.


A notice of claim has a time limit as well. This is 270 days after the loss. However, when a claim is filed against the school district, city, county, or a separate municipality, it must get filed within 180 days of the car accident.


Political subdivisions in Indiana can include:

  • Township

  • County

  • Town

  • City

  • Special taxing district

  • Separate municipal corporation

  • City/county hospital

  • State educational institution

  • Board or commission of entities listed above

  • School corporation

  • Community correctional service programs

  • Drug enforcement task forces operating jointly with other political subdivisions

A notice of claim is part of Indiana's legal process. Handling it alone is possible, but the state attorneys cannot help one file a claim. Therefore, it's best to call a car accident lawyer like the ones at Schuerger Shunnarah Trial Attorneys.


Statute of Limitations in Indiana for Car Insurance Claims


The Indiana statute of limitations is similar for filing a car insurance claim or personal injury claim, which is two years. Most people wonder why the state doesn't give them more time.


The general idea here is that people's memories will fade as time goes by. Witnesses can disappear, and the physical evidence could get destroyed, damaged, or lost.


Overall, the statute of limitations begins two years after the date of the incident. In fact, the statute of limitations ensures that Indianapolis auto accident attorneys and plaintiffs act with due diligence and handle themselves properly.


What to Do Once the Statute of Limitations Expires


In most cases, when the statute of limitations expires on a vehicle accident, the accident victims can no longer file a claim. They could try to persist and do so anyway to recoup lost wages and medical expenses, but the court would likely dismiss it. However, there could be exceptions that fit a specific situation, as discussed earlier.


Filing a Car Accident Claim in Indiana


After being in an accident, most people know what to do. They should call 911 to seek medical attention, find witnesses, take pictures of the crime scene, exchange contact information with the other drivers, and call the insurance company.


In Indiana, that process doesn't stop after contacting the insurance company. There are reportable requirements for car accidents.


Car accidents are reportable in Indiana if they involve deaths, injuries, over $1,000 worth of apparent property damage (not including the vehicles), or the entrapment of others.


After filing lawsuits for the personal injury, the lawyers at Schuerger Shunnarah Trial Attorneys will work with insurance adjusters to negotiate a fair amount of compensation. If that doesn't happen, they'll go to court and use the discovery rule to see how much money the at-fault party has and how much the case might be worth. They can also answer questions like, "Does the at fault driver pay for rental car in Indiana?"


Report as Soon as Possible

Report as Soon as Possible


If one wants to seek compensation for medical bills and other losses, they must contact the local police, the nearest state police post, or call 911 after the accident occurs.


It's also important for them to speak with their own insurance company to let the representatives know something happened. From there, they should contact a lawyer who handles personal injury cases within the statute of limitations time frame.


Contact an Experienced Personal Injury Attorney at Schuerger Shunnarah Trial Attorneys


How long can you sue after a car accident in Indiana? Accident victims deserve full compensation for their injuries and loss of personal property, but they only have two years to file lawsuits. Schuerger Shunnarah Trial Attorneys can take on any personal injury case, whether it's related to a car accident, medical malpractice, or something else.


Don't let someone else's negligence go unpunished! Please call (833) 692-5038 for a free case evaluation now!

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