Skip to main content
Find a Lawyer
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Indiana Car Accident Compensation Laws

In car accident cases where there are serious injuries, the victims often have a right to compensation. Some will get payment directly from the insurance company. Others will have to file a personal injury lawsuit against the at-fault driver.

Either way, you must understand Indiana's car accident laws and rules on compensation. This will help you and your Indiana car accident lawyer optimize your recovery against an insurance company or at-fault driver.

This article offers a brief overview of car accident compensation laws in Indiana. It discusses compensation limits and the statute of limitations, even if your accident didn't happen in Indianapolis.

Indiana Car Accident Compensation Laws: Chart

Car accidents are very common. Most don't result in personal injury but vehicle damage. Either way, drivers must file a car accident claim.

Below is a table outlining Indiana's car accident compensation laws, including limits on damages and the statute of limitations.

Statute of limitations

Limits on damages

  • For causes of action that arose before Jan. 1, 2006, Indiana law limits total damages to $300,000.
  • For causes of action that arose on or after Jan. 1, 2006, and before Jan. 1, 2008, the limit on damages is $500,000.
  • For all car accident cases arising on or after Jan. 1, 2008, the limit on economic and non-economic damages is $700,000, and the cap on wrongful death damages is $5,000,000.
  • Punitive damages are limited to three times compensatory damages or $50,000 (but the courts do not award punitive damages in cases involving government employees acting within the scope of their employment).

Other limits

Modified comparative negligence (Indiana Code § 34-51-2-5 et seq.)

  • You can't recover damages if you are more at fault than the other party.
  • If there are two or more defendants, your percentage of fault must be less than the fault of all other parties combined. 

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult an Indiana car accident attorney or conduct legal research to verify your state laws.

Fault and Modified Comparative Negligence

You must prove that the other driver was at fault to recover damages. You (or your personal injury lawyer) must prove negligence. To do this, you must prove four things:

  • The at-fault driver owed you a duty of care
  • They breached this duty
  • You suffered an injury
  • Your injuries are the result of the defendant's breach 

In most car accident cases, you recover damages from an insurance company or at-fault driver if you prove negligence. But there are times when the court finds that you were partially at fault. The defendant may submit evidence showing you were speeding or texting during the crash.

You can still collect damages in Indiana, even if you were partially responsible for the motor vehicle accident. Indiana law follows the modified comparative negligence rule. The comparative fault rule states that a plaintiff can recover damages if they are less at fault than the other party.

The court will reduce your damage by your percentage of fault. If you suffered $10,000 in damages, but the court found that you were 10% at fault, you could still recover $9,000.

Damage Types Allowed in Indiana

Indiana allows you to recover economic and non-economic damages. Economic damages include out-of-pocket expenses such as medical bills, lost wages, and car repair bills. Non-economic damages are the losses you suffer that are harder to calculate. These include pain and suffering, emotional distress, and loss of consortium (available to family members of an injured party).

Some typical damages accident victims can recover include:

  • Future medical treatment
  • Lost income
  • Medical expenses
  • Pain and suffering
  • Physical therapy costs
  • Property damage
  • Vehicle repairs

In most personal injury claims, the at-fault party's insurance policy will cover your damages. If their insurance coverage doesn't cover all your losses, you must pursue the driver personally.

Damage Limitations in Indiana

Indiana law imposes a time limit on filing a personal injury lawsuit. This law is the statute of limitations. The time limit to file a suit in Indiana is two years from the date of the car crash. 

Cases against governmental agencies and agents also have a shorter statute of limitations. Rather than having two years to file suit, you only have 270 days.

Fortunately for injured parties, there are only two limits on the damages you can recover in Indiana. The courts limit punitive damages to the greater of $50,000 or three times your total compensatory damages.

There is also a cap on damages you can recover against the government. Indiana limits these damages to $700,000 per person and up to $5,000,000 per accident. In cases involving a government employee who acted within the scope of their employment, the Indiana courts do not allow punitive damages.

Need Help With Indiana Car Accident Compensation? Contact an Attorney

Contact an Indiana personal injury attorney if you need help navigating Indiana car accident compensation laws. They can review your claim and let you know what your options are. They can also help ensure that you file your claim before the statute of limitations period expires.

Was this helpful?

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:

Next Steps: Search for a Local Attorney

Contact a qualified attorney.

Begin typing to search, use arrow keys to navigate, use enter to select

Can I Solve This on My Own or Do I Need an Attorney?

  • A lawyer can help seek fair compensation on your behalf
  • Car accident claims are complex and insurance carriers have lawyers on their side

Get on-demand legal help during traffic stops and car accidents. TurnSignl is an app that connects you to an attorney in real-time.

 

Need legal advice after an accident? Most attorneys offer a free first call.

 Find an attorney right now.

Copied to clipboard

Find a Lawyer

More Options