Home > How Indiana’s Statute of Limitations Affects Car Accident Claims

How Indiana’s Statute of Limitations Affects Car Accident Claims

If you’ve been injured in a car accident in Indiana, you may have more pressing concerns than legal deadlines—medical care, missed work, vehicle repairs, and figuring out how to get your life back on track. But time is not on your side. Indiana’s statute of limitations imposes strict deadlines on how long you have to file a lawsuit after a car accident. If you miss that deadline, your right to recover compensation may be permanently lost, regardless of how strong your case is.

At Lee Cossell & Feagley, LLP, we help car accident victims throughout Indianapolis understand their legal rights and take timely action to protect their claims. Below, we explain how the statute of limitations works in Indiana, how exceptions might apply, and why it’s important not to delay in seeking legal help. For specific advice and representation after a crash, call our office to visit with an experienced and dedicated Indianapolis auto accident attorney.

What Is a Statute of Limitations?

A statute of limitations is a law that sets a deadline for filing a lawsuit in court. These laws vary by state and by the type of legal claim involved. For personal injury cases arising out of a car accident, the statute of limitations determines how long you have to sue the at-fault party for your injuries, property damage, or other losses. The clock typically starts ticking on the date of the accident, but certain exceptions may pause or delay that timeline in specific situations.

Time Limit for Filing a Car Accident Lawsuit in Indiana

Under Indiana Code § 34-11-2-4, the general statute of limitations for personal injury and property damage claims, including car accidents, is two years from the date of the accident. This means that if you were injured in a crash on March 1, 2023, you must file your lawsuit by March 1, 2025. If you wait even one day past the deadline, your case will be dismissed by the court, and you will lose your right to seek damages even if the other driver was clearly at fault.

The two-year deadline applies to a wide range of claims stemming from car accidents, including:

Bodily injury claims
Property damage (such as vehicle repair or replacement)
Wrongful death claims (filed by the deceased person’s estate)
Claims for emotional distress or loss of consortium

While most car accident cases are resolved through insurance negotiations rather than litigation, the statute of limitations is still important. It gives you the legal leverage you need. If an insurance company knows you’re close to the deadline and haven’t filed a lawsuit, they may try to delay or lowball a settlement offer, knowing you’ll soon lose your right to sue.

Special Situations That Can Affect the Deadline

While the two-year rule applies in most cases, Indiana law recognizes several exceptions that can extend, pause, or shorten the statute of limitations depending on the circumstances.

1. Minors and Legally Incapacitated Individuals

If the injured party is a minor (under age 18) or is mentally incapacitated at the time of the accident, the statute of limitations may be tolled (paused) until the legal disability is removed. For minors, the two-year period typically begins when the individual turns 18, giving them until age 20 to file suit.

However, it’s important for parents or guardians to act promptly. In some cases, waiting too long may limit the available evidence or recovery options. Consulting an attorney early is the best way to protect the child’s legal interests.

2. Claims Against Government Entities

If your accident involved a government vehicle—such as a city bus, police car, or road maintenance truck—or if you are suing a state or local government for hazardous road conditions, different rules apply.

Under the Indiana Tort Claims Act, you must file a notice of claim with the appropriate government agency before filing a lawsuit. The notice deadline is extremely short, amounting to 180 days from the date of the accident if the defendant is a city or county government or 270 days if the defendant is a state agency. Failure to file a timely notice of claim can prevent you from ever filing a lawsuit. These deadlines are much shorter than the two-year statute of limitations and require immediate attention.

3. Wrongful Death Cases

In Indiana, the statute of limitations for a wrongful death lawsuit is also generally two years from the date of death. However, wrongful death cases can be more complex than other car accident claims because they must be brought by the personal representative of the deceased person’s estate, and different rules may apply depending on whether the deceased was a child or an adult.

4. Unidentified or Uninsured Drivers

If you were hit by an uninsured or hit-and-run driver, you may still be able to recover compensation under your uninsured motorist (UM) coverage. While the legal deadline for filing a lawsuit remains two years, there may also be contractual deadlines in your insurance policy for notifying the insurer or pursuing arbitration. Failing to meet these deadlines could jeopardize your claim, so it’s critical to act quickly and review your policy terms.

Why You Shouldn’t Wait to Take Action

Even if you technically have two years to file a lawsuit, waiting to take legal action is rarely a good idea. The longer you wait, the more likely it is that critical evidence will be lost. For example, witnesses may move or forget important details, surveillance footage may get erased, vehicles may be repaired or scrapped, and medical records may become harder to obtain. Additionally, starting early gives your attorney time to build a stronger case, negotiate with the insurance company from a position of strength, and prepare for trial if necessary.

At Lee Cossell & Feagley, LLP, we understand how overwhelming life can be after a car accident. Our goal is to take the legal burden off your shoulders while giving your case the time and attention it deserves. We will ensure that all deadlines are met and no opportunities are missed.

How an Experienced Indiana Injury Attorney Can Help

Navigating Indiana’s legal system after a car accident isn’t something you should try to handle alone. An experienced personal injury attorney can:

Determine the correct statute of limitations for your case
Identify any applicable exceptions or special deadlines
Investigate the accident and gather crucial evidence
Communicate with insurance companies on your behalf
File your claim in court before the deadline expires
Fight for full and fair compensation for your injuries and losses

Every car accident is unique, and so is every claim. That’s why we take the time to understand your situation, explain your options, and create a legal strategy tailored to your needs.

Don’t Risk Losing Your Right to Compensation

If you’ve been injured in a car accident in Indianapolis, don’t delay. The statute of limitations is a ticking clock, and once it runs out, your right to recover compensation may be gone forever.

Let the experienced attorneys at Lee Cossell & Feagley, LLP, protect your rights and guide you through the legal process. We offer free consultations and don’t charge any fees unless we win your case. Call us today to speak with a knowledgeable Indianapolis car accident lawyer and take the first step toward justice and recovery.