Victims of Indiana car accidents have a limited time to file a personal injury claim and seek compensation for their losses through the court system. If you got hurt in a crash, here’s what you need to know:
- The Indiana statute of limitations gives you just two years from the accident date to file a lawsuit in most circumstances.
- Some less common situations have different deadlines, including claims against government entities.
- The deadline to file an insurance claim is separate from the deadline to file a lawsuit.
It is important to act quickly after a car crash. Contact an Indiana car accident attorney at Truitt Law Offices now to launch an investigation, protect critical evidence, and preserve your right to pursue recovery through the courts.
The Car Accident Statute of Limitations in Indiana
Under Indiana law, Ind. Code § 34-11-2-4, a person seeking compensation for injuries from a car accident must file a lawsuit within two years of the date the claim arose. The deadline applies to actions involving personal injuries as well as property damage.
That means that in typical car accident cases, the clock starts running on the date of the crash. Waiting too long can put your ability to recover compensation through a lawsuit at risk. Because different circumstances can affect the deadline that applies to your case, speaking with our experienced car accident attorneys early can help you determine exactly how much time you have to file a car accident lawsuit.
Shorter Deadlines for Government Car Accident Claims
Legal actions arising from accidents involving state or local government vehicles or employees are subject to different rules. Under the Indiana Tort Claims Act, Ind. Code § 34-13-3, you must provide formal notice much sooner than the standard two-year legal deadline:
- For claims against a city, county, or other political subdivision, you must file a notice of claim within 180 days of your loss.
- Claims against the State of Indiana require notice within 270 days.
If the crash that injured you involved a government-owned vehicle or a government employee, the stricter notice requirements likely apply. If you miss the applicable notice deadline, you may be unable to pursue your car accident claim.
Exceptions That Can Affect the Two-Year Deadline
While the two-year statutory deadline generally applies to car accident cases in Indiana, certain circumstances can affect when the limitations period begins or how long you have to file. The exceptions are highly fact-specific and somewhat unusual, so you should never assume extra time applies unless your attorney says so.
Potential exceptions to the two-year Indiana statute of limitations on car accident claims include:
- Injuries that are not immediately apparent – Indiana’s discovery rule can affect when a claim accrues and may give you more time if you couldn’t have reasonably discovered the injury earlier. However, knowing some injury occurred may be enough to start the clock even if you don’t yet know its full extent.
- Claims involving children or legal incapacity – A person under a legal disability when a claim accrues may have until two years after that disability ends to bring an action. The rule can apply to minors and certain incapacitated individuals.
- Out-of-state at-fault drivers or bankruptcy – The deadline may also be paused under Ind. Code § 34-11-4 if the defendant is out of state. Federal law may also prevent a lawsuit against an at-fault driver who’s going through bankruptcy proceedings.
Insurance Claims Have Their Own Deadlines
It is important to note that the deadline to file an insurance claim is distinct from the deadline to file a car accident lawsuit – and it is likely much shorter than two years. Your deadline to file an insurance claim depends on the insurance company and the policy terms.
Policyholders must promptly report a car accident and cooperate with the insurance company’s investigation. If you wait too long to notify the insurance company, it could complicate your claim. By reporting the accident promptly, you can better protect your right to pursue the compensation you deserve.
Does Filing an Insurance Claim Satisfy the Two-Year Deadline?
No. The two-year deadline applies only to lawsuits, not to insurance claims. Be mindful of both deadlines and follow the appropriate process. An experienced Indiana car accident lawyer with Truitt Law Offices can explain the applicable deadlines and what needs to happen throughout the process to protect your right to financial recovery.
What Happens If You Miss the Deadline for an Indiana Car Accident Claim?
Missing the deadline to file a car accident lawsuit can jeopardize your right to pursue compensation through the court system. The court will most likely reject a personal injury lawsuit submitted after the statute of limitations deadline, regardless of how valid it would otherwise be. That means you would lose your right to pursue compensation in court.
How An Indiana Car Accident Lawyer Can Make Sure You Do Not Miss the Deadline
Missing the car accident lawsuit filing deadline imposed by the statute of limitations can significantly harm the outcome of your car accident case. Fortunately, you can avoid filing too late. Finding a skilled car accident attorney to represent you as soon as possible after an accident is the most effective way to preserve your ability to recover compensation in a personal injury case.
When you connect with a personal injury lawyer from Truitt Law Offices shortly after a collision, we can begin investigating the crash right away and doing the necessary work to identify the liable parties. Our attorneys will prepare your case as if it’s going to court from the outset, allowing us to negotiate with the insurance company from a position of strength. By starting the legal process right away, we can better avoid delays that could push you up against a hard deadline.
At Truitt Law Offices, we have over 40 years of experience representing injured individuals and seeking maximum results for people harmed by other parties’ carelessness. Our Fort Wayne car accident lawyers have received over 100 five-star reviews on Google, including this one from a past client:
“I called several different lawyers and none of them would even take my case because the police report said the accident was my fault. Truitt listened to me and never doubted me. He fought and won my case in less than a year and got me the max amount he could get. If I’m ever in another accident, I will be using Truitt Law Offices.” – Brad M.
When you need an experienced personal injury attorney who cares, contact the team at Truitt Law Offices to get started with a free consultation about your legal claim.
Contact an Indiana Car Accident Lawyer
Truitt Law Offices is a respected Indiana personal injury law firm with decades of experience helping injured people recover maximum compensation for injuries sustained due to others’ negligence. Your well-being is our priority from the moment you walk in the door. Let us build a compelling injury claim that accounts for all your losses and demands accountability from those who harmed you. Contact our car accident attorneys today for a free consultation.
