Missing a legal deadline can destroy your right to compensation, regardless of how strong your case might be. Understanding Indiana’s statute of limitations is critical for anyone who has been injured in a car accident and needs to protect their ability to pursue justice.
Wagner Reese LLP has been representing injured individuals and their families throughout Indiana since 1997. Our car accident attorneys have recovered over $300 million for clients while earning recognition from Super Lawyers®, The Best Lawyers in America©, and U.S. News & World Report. We understand the time-sensitive nature of personal injury claims and work diligently to ensure clients meet all critical deadlines while building the strongest possible cases for maximum compensation.
Indiana’s Two-Year Statute of Limitations
Indiana law establishes strict deadlines for filing personal injury lawsuits. According to Indiana Code section 34-11-2-4, you have two years from the date of your car accident to file a lawsuit seeking compensation for injuries or property damage. This deadline applies whether you were a driver, passenger, motorcyclist, bicyclist, or pedestrian injured in the collision.
The two-year period begins on the date the accident occurred. If your crash happened on January 15, 2024, you must file your lawsuit by January 15, 2026. Missing this deadline by even a single day typically results in the court dismissing your case, permanently barring you from seeking compensation through the legal system, regardless of the strength of your claim or the severity of your injuries.
Critical Exceptions That Shorten Filing Deadlines
While two years may seem like ample time, certain circumstances dramatically reduce the filing period. Claims involving government entities face much shorter deadlines under the Indiana Tort Claims Act. If a city bus, county vehicle, police car, or any other local government entity caused your accident, you have only 180 days to file a written notice of your claim with the appropriate governing body.
Claims against state government agencies allow slightly more time but still require action far more quickly than standard claims. You have 270 days to file notice with the state when a state agency or employee caused your accident. These abbreviated timelines mean you must act immediately after accidents involving government vehicles or employees to preserve your legal rights.
Failure to provide proper notice within these extremely short windows can permanently bar you from pursuing compensation. The notice requirements are technical and must be followed precisely. Missing procedural requirements or filing with the wrong entity can be just as devastating as missing the deadline entirely.
When the Clock May Start Later or Pause
Certain circumstances can extend or toll the statute of limitations, providing additional time to file claims. If the injured party is a minor at the time of the accident, the two-year statute of limitations does not begin until they turn 18. This means a child injured at age 10 would have until age 20 to file a lawsuit, though parents or guardians should not delay seeking legal advice, as evidence preservation remains critical.
Legal disability due to mental incapacity can also pause the statute of limitations. If someone lacks the mental capacity to understand their legal rights at the time of injury, the clock may not start until the disability is removed. These situations require careful legal analysis to determine when deadlines actually apply.
The discovery rule applies in limited situations where injuries are not immediately apparent. While this exception rarely applies to car accidents where injuries are typically obvious, delayed symptoms or latent conditions might qualify in some cases. Defendants who leave Indiana after causing accidents may trigger tolling provisions that pause the statute of limitations until they return to the state.
Wrongful Death Claims Have Distinct Deadlines
When car accidents result in fatalities, surviving family members may pursue wrongful death claims on behalf of deceased loved ones. These claims also face a two-year statute of limitations, but the clock starts on the date of death rather than the date of the accident. If someone survives for days, weeks, or months after a crash before succumbing to injuries, families have two years from the death date to file wrongful death lawsuits.
Indiana law adds 18 months to the standard two-year period if an injured person dies within the initial two-year limitations period. This provision ensures families have adequate time to address both the practical matters following a death and the legal complexities of pursuing wrongful death claims.
The Danger of Waiting Too Long
Many accident victims delay seeking legal counsel while they focus on medical treatment and recovery. Others mistakenly believe that ongoing insurance negotiations protect their right to file lawsuits. Insurance settlement discussions do not stop the statute of limitations clock from running. You can be engaged in seemingly productive settlement talks right up until the deadline expires, at which point the insurance company knows you have lost all leverage.
Strategic timing matters in personal injury cases. Insurance companies may drag out negotiations deliberately when they know deadlines are approaching. Once the statute of limitations expires, your ability to file a lawsuit vanishes, and insurers no longer face any pressure to offer fair settlements. Understanding Indiana’s car accident laws helps protect your interests throughout the claims process.
Taking Action to Protect Your Rights
The best approach is to consult with an experienced attorney as soon as possible after a car accident. Early legal involvement ensures that critical evidence is preserved, witnesses are identified and interviewed while memories remain fresh, and all procedural requirements are met. Attorneys can conduct thorough investigations, obtain necessary documentation, and build strong cases while deadlines remain distant rather than looming.
Even if you are not ready to file a lawsuit immediately, having legal counsel ensures you understand your rights and options. Your attorney can handle communications with insurance companies, evaluate settlement offers, and advise you on the best course of action while keeping careful track of all applicable deadlines.
Get Help from Experienced Indiana Car Accident Attorneys at Wagner Reese LLP
If you or someone you love has been injured in a car accident, do not let critical deadlines pass while you wait for insurance companies to act fairly. Wagner Reese LLP has the experience and resources to handle every aspect of your claim while ensuring all legal requirements and deadlines are met.
Our legal team works on a contingency fee basis, meaning you pay nothing unless we secure compensation for you. Contact our office today to schedule a free consultation with an Indiana car accident lawyer who will evaluate your case, explain applicable deadlines, and fight for the justice and compensation you deserve.
