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All FAQs
Honest answers to the questions Indiana accident victims ask us most.
Indiana generally gives you two years from the date of the accident to file a personal-injury lawsuit under Indiana Code 34-11-2-4. Claims against a government entity require a tort-claim notice much sooner — 180 days for a city or county and 270 days for the State. Missing these deadlines usually means losing your right to recover, so it is important to act quickly.
Indiana uses a 51% modified comparative fault system (IC 34-51-2-6). You can recover damages as long as you are 50% or less at fault, but your award is reduced by your percentage of fault. If you are found 51% or more responsible, you are barred from recovering anything. Note that claims against government defendants follow a stricter contributory-negligence standard.
Indiana requires liability limits of 25/50/25: $25,000 for bodily injury per person, $50,000 per accident, and $25,000 for property damage. Insurers must also offer uninsured and underinsured motorist coverage (IC 27-7-5-2) unless you reject it in writing. Carrying higher limits and UM/UIM coverage is strongly recommended.
No. Indiana Accident Aid is a free service that connects you with experienced local attorneys. The attorneys in our network work on contingency, meaning you pay no attorney fees unless they recover compensation for you. Your initial case review is always free and confidential.
Case value depends on the severity of your injuries, medical bills, lost wages, future care needs, pain and suffering, and the available insurance coverage. Indiana does not cap most economic and non-economic damages in ordinary auto cases, though medical-malpractice and government claims have specific caps. A local attorney can evaluate your specific situation.
Call 911 and get medical care, even if you feel fine. Document the scene with photos, get the other driver's insurance and contact information, collect witness details, and report the crash. Avoid giving recorded statements to the other driver's insurer before speaking with an attorney, and keep copies of all bills and records.
Under IC 34-23-1-1, the personal representative of the deceased's estate files the wrongful death action, generally within two years of the date of death. Recoverable damages can include lost financial support, funeral and medical expenses, and loss of companionship, with different rules for adults with dependents versus unmarried adults without dependents.
If you carry uninsured/underinsured motorist coverage (offered on Indiana policies under IC 27-7-5-2), you can file a claim under your own policy to cover injuries caused by an uninsured or hit-and-run driver, or one whose limits are too low. This is often the primary path to compensation in these cases.
Most Indiana accident claims settle before trial through negotiation with the insurance company. However, a well-prepared attorney will build your case as if it is going to court, which strengthens your negotiating position. If a fair settlement cannot be reached, filing suit within the two-year deadline preserves your right to trial.
For very minor incidents with no injuries, you may handle it yourself. But if you were hurt, missed work, or the insurer disputes fault or lowballs you, a free case review is worth it. Because Indiana's comparative fault rule can reduce or bar recovery, having someone protect your side of the fault question matters.
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