By Serdar Arslan, editor · Last reviewed · How we research
Indiana caps what a government body can pay after a crash at $700,000 per person and $5 million per occurrence, and it allows no punitive damages against public entities. Getting to that point takes written notice, delivered by hand or by registered or certified mail, within 180 days for a city, county or town and within 270 days for the State or a state agency. The government then has 90 days to respond, and a lawsuit generally cannot be filed until the claim is denied.
Claims against private drivers run on a simpler 2-year clock for injuries, vehicle damage and wrongful death. You can recover as long as your fault is not greater than the combined fault of everyone else, with your award reduced by your share. The minimum property damage limit rose from $10,000 to $25,000 in July 2018, so today's floor is 25/50/25, and uninsured and underinsured coverage comes with a policy unless rejected in writing. Punitive damages in other cases are capped at three times compensatory damages or $50,000, whichever is greater. Indiana recorded 832 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 2 years after the claim accrues, which in a crash case is usually the date of the accident Source: Ind. Code § 34-11-2-4 |
|---|---|
| Property damage deadline | Generally 2 years for damage to your vehicle or other personal property Source: Ind. Code § 34-11-2-4 |
| Wrongful death deadline | Generally 2 years from the date of death Source: Ind. Code § 34-23-1-1 |
| Claims against a government entity | Under the Indiana Tort Claims Act, you generally must give written notice within 180 days of the injury for a claim against a city, county, town or other political subdivision, and within 270 days for a claim against the State or a state agency. Notice must be hand-delivered or sent by registered or certified mail, and you generally cannot sue until the claim is denied (the government has 90 days to respond). Government liability is capped at $700,000 per person and $5 million per occurrence. |
| Fault rule | Modified comparative fault (51% bar): Your damages are reduced by your percentage of fault, but you recover nothing if your fault is greater than the combined fault of everyone else who caused the crash (more than 50%). |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $25,000 property damage Source: Ind. Code § 9-25-4-5 |
| Uninsured motorist coverage | Not required (usually offered; you may reject it in writing) |
| Damage caps | No general cap on compensatory damages in most car accident cases. Punitive damages are capped at the greater of three times compensatory damages or $50,000 (Ind. Code § 34-51-3-4). Claims against government bodies are capped at $700,000 per person and $5 million per occurrence, with no punitive damages (Ind. Code § 34-13-3-4). In wrongful death cases for an unmarried adult with no dependents, some damages are capped at $300,000 (Ind. Code § 34-23-1-2). |
| Reporting a crash | If a crash causes injury or death, or damages an unattended vehicle or property whose owner cannot be found, you must notify police immediately by the quickest means available. Source: Ind. Code § 9-26-1-1.1 |
Getting your crash report in Indiana
The State of Indiana directs people to buy crash reports online through BuyCrash. You can also contact the state's records subcontractor, Holt Sheets, at 317-215-8300, or ask the local police agency that took the report. Official request page
Checking a Indiana lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: Indiana Supreme Court – Roll of Attorneys
- Lawyer referral: Indiana State Bar Association – local bar associations (most offer referrals) · 800-266-2581
832 people died in motor vehicle crashes in Indiana in 2024, according to NHTSA FARS (2024).
Frequently asked questions
›What is the cutoff for filing an Indiana crash lawsuit?
Generally 2 years after the claim accrues, which in a crash case is usually the accident date, for both injuries and property damage (Ind. Code § 34-11-2-4). Wrongful death claims generally have 2 years from the date of death. Exceptions can apply, so check with a licensed attorney if the deadline is near.
›How does Indiana weigh my share of the blame?
Your fault is compared with the combined fault of everyone else who caused the crash (Ind. Code §§ 34-51-2-5, 34-51-2-6). If yours is not greater than theirs, you recover damages reduced by your percentage. If it is greater, meaning more than 50%, you generally recover nothing.
›What has to happen before I can sue an Indiana government body?
You must give written notice within 180 days for a political subdivision or 270 days for the State, by hand delivery or registered or certified mail. The government has 90 days to respond, and you generally cannot sue until the claim is denied. Recovery is capped at $700,000 per person and $5 million per occurrence.
›Are some damages capped in Indiana crash cases?
Compensatory damages generally are not, but punitive damages are limited to the greater of three times compensatory damages or $50,000 (Ind. Code § 34-51-3-4). In a wrongful death case for an unmarried adult with no dependents, some damages are capped at $300,000 (Ind. Code § 34-23-1-2).
›Did Indiana's minimum insurance change recently?
The property damage minimum rose from $10,000 to $25,000 on July 1, 2018. The current minimums are $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage (Ind. Code § 9-25-4-5).
Sources
- Ind. Code § 34-11-2-4 (Justia, 2023)
- Ind. Code ch. 34-51-2, Comparative Fault (Justia)
- Ind. Code § 34-23-1-1, wrongful death (Justia, 2025)
- Ind. Code § 34-13-3-6, notice of claim against the state (Justia, 2025)
- Ind. Code § 34-13-3-8 (Justia)
- Indiana BMV – Proof of financial responsibility
- IN.gov FAQ – How do I obtain an accident report from the state?
- Indiana Judicial Branch – Attorney search
- Ind. Code § 9-26-1-1.1, duties after a crash (Justia, 2025)