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.

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.