One missed red light or one glance at a phone can turn an ordinary drive on I-65, I-70, or I-465 into months of medical appointments, missed paychecks, and calls from an insurance adjuster who already has a number in mind. The injuries are only part of the strain, because Indiana law also gives you a limited window to act, and the choices you make early can shape what you recover.
At Wagner Reese LLP, our Indianapolis car accident lawyers help injured people across Indiana pursue compensation as part of our broader personal injury practice areas. Stephen M. Wagner opened our firm in 1997 and brought Jason R. Reese on as a partner in 2000, and our attorneys have focused on serious injury claims for decades.
⏱ Indiana Deadline for Car Accident Claims
You generally have 2 years to file an injury lawsuit.
Indiana Code § 34-11-2-4 sets a two-year deadline, counted from the date of the crash, for most personal injury lawsuits. Evidence can disappear quickly as surveillance video is overwritten and vehicles are repaired, so reaching out early gives your attorney more to work with.
How Car Accident Claims Work in Indiana
Indiana uses a fault-based system, so a claim starts with proving who caused the crash and how much each driver contributed. The answer decides which insurance company pays and whether your recovery is reduced.
Indiana Is Not a No-Fault State
If another driver caused your crash, you may file a claim against that driver’s liability insurance instead of relying only on your own policy. Your own insurer comes into play when the at-fault driver has no coverage or too little of it, which we cover below.
How Shared Fault Affects Your Recovery
Indiana follows a modified comparative fault rule under Indiana Code § 34-51-2-6. You may still recover if you share some of the blame, but your award is reduced by your percentage of fault, and you are barred from recovery if your fault is greater than the fault of everyone else involved. The table below shows how this works for a sample $250,000 award.
| Your Share of Fault | Sample Award | What You Could Recover |
|---|---|---|
| 0% | $250,000 | $250,000 |
| 20% | $250,000 | $200,000 |
| 50% | $250,000 | $125,000 |
| 51% or more | $250,000 | $0 |
Insurance companies often try to shift blame onto injured drivers to lower a payout, and our attorneys build the evidence to counter that. Our guide on how comparative negligence works walks through more examples.
Car Accidents Across Indianapolis and Indiana
Indiana roads stay busy, and the state’s crash data shows how often a routine trip ends in injury. According to the Indiana Crash Facts 2024 report, Indiana recorded 200,035 crashes, 44,033 non-fatal injuries, and 872 traffic deaths in 2024. The same report found speed was a factor in about 24 percent of fatal collisions, and 92 people died in crashes involving an alcohol-impaired driver.
Behind those numbers are causes we see often in Indianapolis claims. Distracted driving remains a serious problem, and the National Highway Traffic Safety Administration reported 3,208 deaths from distracted-driving crashes nationwide in 2024. Drunk driving, speeding, red-light running, failure to yield, defective vehicle parts, and hazardous road conditions also lead to many claims. Our guide to dangerous intersections in Indianapolis looks at where crashes tend to happen.
Who May Be Liable After a Crash
More than one party can share responsibility for a crash, and each may carry its own insurance policy. Finding all of them can increase the coverage available for your claim.
Negligent Drivers
The at-fault driver is the most common defendant. Running a red light, driving while impaired, or following too closely can all support a claim against that driver and the insurer behind them. Our attorneys gather police reports, witness statements, surveillance footage, and vehicle data to show how the crash happened.
Employers and Commercial Carriers
When the driver was working at the time of the crash, the employer may share responsibility under the doctrine of respondeat superior. This can apply to delivery drivers, rideshare drivers, and commercial truck drivers, and these claims often involve larger policies and federal safety rules. Our rideshare accident page covers the layered coverage that can apply to those crashes.
Manufacturers, Bars, and Government Entities
A defective brake, tire, or airbag may support a product liability claim against the manufacturer. Indiana’s dram shop law allows a claim against an establishment that served a person it actually knew was visibly intoxicated, when that service was a proximate cause of the crash. Claims against government entities carry shorter notice deadlines, including 180 days for local government under Indiana Code § 34-13-3-8 and 270 days for the State under Indiana Code § 34-13-3-6, so early action matters.
Types of Car Accident Cases We Handle
The type of collision affects the evidence, the insurance involved, and the injuries, so each claim is built around its own facts. Our attorneys handle cases such as these:
- Truck accidents: crashes with semi-trucks and commercial carriers often involve several liable parties and federal regulations.
- Motorcycle accidents: riders face a higher risk of serious injury than people in enclosed vehicles.
- Bicycle and pedestrian accidents: cyclists and pedestrians have the same right to pursue full compensation as drivers.
- Rear-end, T-bone, and head-on collisions: rear-end, T-bone, and head-on crashes each raise different injury and liability questions.
- Rollover accidents: roof crush, ejection, and vehicle defects can all affect who is responsible.
- Hit-and-run accidents: a hit-and-run does not always end your options, because uninsured motorist coverage may apply.
- Other vehicle crashes: bus, moped and scooter, wrong-way driver, and self-driving vehicle collisions each carry their own rules.
No matter the type of crash, our attorneys investigate how it happened, identify every insurance policy that may apply, and pursue the compensation our clients deserve.
Uninsured Drivers and Policy Limits
Insurance limits often decide how much of your losses can be recovered, so we review every available source of coverage early.
Indiana requires drivers to carry at least $25,000 in bodily injury coverage per person, $50,000 per accident, and $25,000 for property damage under Indiana Code § 9-25-4-5. A serious crash can produce medical bills and lost income well above those amounts.
When the at-fault driver is uninsured or underinsured, your own uninsured and underinsured motorist coverage may help. We also look at other defendants and any umbrella or commercial policies. Property damage and injury claims run on separate tracks and are usually resolved at different times.
What Compensation May Be Available
Indiana law allows injured people to pursue several kinds of damages, and the total depends on your injuries, the evidence, and the coverage available.
Economic Damages
These cover measurable losses such as current and future medical care, home modifications, lost wages, reduced earning capacity, and vehicle repair or replacement. Serious injuries such as brain injuries and spinal cord injuries can add lifelong care costs, so we gather medical records and consult medical professionals to document them.
Non-Economic Damages
Pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life are recognized under Indiana law. These losses come without a bill, so they take careful documentation, and our guide on how pain and suffering is calculated in Indiana explains common approaches.
What Shapes the Value of a Claim
No attorney can name a fair figure without reviewing your case. Injury severity, medical costs, lost income, the strength of the liability evidence, and available insurance coverage all affect value. In rare cases involving extreme recklessness, punitive damages may also be available to punish the at-fault party.
Working With Insurance Companies After a Crash
Adjusters work for the insurance company, not for you, and early conversations can affect your claim.
Recorded Statements and Early Offers
You have no legal obligation to give the at-fault driver’s insurer a recorded statement, and declining is not an admission of anything. A quick settlement offer may arrive before your injuries are fully known, and signing a release can end your right to seek more. Our guide on what to do if an insurance company calls after you file a claim covers common situations.
Protecting Your Claim in the First Days
Seeing a doctor promptly, photographing the scene and your injuries, and keeping records of bills and missed work all strengthen a claim. Our guide on what to do after a car accident in Indiana adds more detail.
How Long a Claim May Take
Timing depends on how long treatment lasts, how clear fault is, and whether the insurer negotiates fairly. Many claims settle after treatment is complete or your condition has stabilized, while others require a lawsuit, and filing suit does not always mean a trial. Our guide to the car accident claims process in Indiana outlines each stage.
Why Choose Wagner Reese for Your Car Accident Case
Indianapolis has many personal injury firms, so it helps to know how ours works.
A Boutique Firm Focused on Serious Injuries
We are a boutique firm, and we are selective about the cases we take, with a focus on catastrophic injuries, difficult trucking accidents, wrongful death, and other high-stakes claims. That selectivity lets us give each client focused attention instead of treating a claim like a number in a queue.
Leadership and Recognition
Mr. Wagner and Mr. Reese have led the firm together for more than 25 years. Our attorneys have been recognized by Super Lawyers and The Best Lawyers in America, which reflects the respect of their peers in the legal community.
Frequently Asked Questions About Indianapolis Car Accidents
These answers cover common questions not addressed above.
Contact Wagner Reese LLP About Your Car Accident Claim
A serious crash brings medical care, repairs, and insurance calls all at once, and you should not have to face your legal claim alone. Our attorneys at Wagner Reese LLP bring more than 150 years of combined experience to Indianapolis car accident claims.
If you were hurt in a crash in Indianapolis or anywhere in Indiana, our attorneys can review what happened, who may be responsible, and what coverage may apply. Contact Wagner Reese LLP to request your free case review.
