Indiana Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
Indiana injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for Indiana
- Deadline to sue for an injury
- A lawsuit for injury to a person must be filed within two years after the cause of action accrues. Claims for injury from childhood sexual abuse have longer deadlines. Ind. Code § 34-11-2-4
- Fault rule (comparative negligence)
- Modified comparative fault (51% bar). An injured person is barred from recovery if his or her fault is greater than the combined fault of all others whose fault contributed to the damages; Ind. Code § 34-51-2-6
- Wrongful death deadline
- The personal representative must file a wrongful death lawsuit within two years. Ind. Code § 34-23-1-1
- Minimum car insurance
- Minimum financial responsibility is $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one accident, and $25,000 for property damage (25/50/25, the property amount effective July 1, 2018). Ind. Code § 9-25-4-5
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | A lawsuit for injury to a person must be filed within two years after the cause of action accrues. Claims for injury from childhood sexual abuse have longer deadlines. Source: Ind. Code § 34-11-2-4 |
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| Deadline to sue for property damage | A lawsuit for injury to personal property (such as a vehicle) must be filed within two years after the cause of action accrues. Source: Ind. Code § 34-11-2-4(a)(2) |
| Medical malpractice deadline | A malpractice claim against a health care provider must be filed within two years after the date of the alleged act, omission or neglect (an occurrence-based rule), regardless of minority or other legal disability. A child under 6 has until his or her 8th birthday. In certain situations described in § 34-18-8-6(c), the period is extended by 180 days. Source: Ind. Code § 34-18-7-1 |
| Wrongful death deadline | The personal representative must file a wrongful death lawsuit within two years. Source: Ind. Code § 34-23-1-1 |
| Suing the government | A claim against the State is barred unless notice is filed with the Attorney General or the state agency involved within 270 days after the loss. A claim against a city, county or other political subdivision is barred unless notice is filed with its governing body (and, where applicable, the Indiana political subdivision risk management commission) within 180 days after the loss. An incapacitated person has 180 days after the incapacity ends. Total liability of all governmental entities and employees is capped at $700,000 per person and $5,000,000 per occurrence for claims accruing on or after January 1, 2008, and punitive damages are not allowed. |
Fault and damages
| Fault rule (comparative negligence) | Modified comparative fault (51% bar). An injured person is barred from recovery if his or her fault is greater than the combined fault of all others whose fault contributed to the damages; otherwise damages are reduced in proportion to his or her fault. Source: Ind. Code § 34-51-2-6 |
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| Medical malpractice caps | Yes. Under the Medical Malpractice Act, the total amount recoverable for a patient's injury or death is capped at $1,800,000 for acts of malpractice after June 30, 2019 (lower amounts apply to earlier acts). A qualified health care provider is liable for no more than $500,000 for acts after June 30, 2019; amounts above the provider's share, up to the total cap, are paid by the state Patient's Compensation Fund. The cap applies to health care providers qualified under the Medical Malpractice Act. Source: Ind. Code § 34-18-14-3 |
| Punitive damages | The facts supporting punitive damages must be proved by clear and convincing evidence. The award may not exceed the greater of three times compensatory damages or $50,000, and the jury is not told about this limit. The defendant must notify the Attorney General of a punitive damages award, and the State has an interest in part of the award. Government entities and their employees are not liable for punitive damages. |
Wrongful death
| Who can sue for wrongful death | The deceased person's personal representative brings the action. Recovery for medical, hospital, funeral and burial expenses goes to the estate. The rest goes to the surviving spouse and dependent children, or dependent next of kin, distributed like the deceased's personal property. If there are no such survivors, damages go to those who provided hospital, medical, funeral and burial services and to the estate for administration costs. Separate rules for the death of a child (Ind. Source: Ind. Code § 34-23-1-1 |
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| Wrongful death deadline | The personal representative must file a wrongful death lawsuit within two years. Source: Ind. Code § 34-23-1-1 |
Car accidents and dog bites
| Reporting a crash to police | If a crash injures or kills another person, the driver must, as soon as possible, make sure law enforcement (local police, sheriff, or state police) is notified. After hitting an unattended vehicle or other property, if the owner cannot be found, the driver must call a law enforcement agency to provide their information. Facts are from the official BMV driver's manual. The manual does not state a property-damage dollar threshold. |
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| Crash report to the DMV | After a crash, if the Indiana BMV requests it, the driver must provide proof of financial responsibility. The driver's insurance company must electronically file a Certificate of Compliance (COC) showing the driver had insurance meeting the state minimums at the time of the crash. This is an insurance-proof filing made on BMV request, not a general crash report. |
| Leaving the scene (hit and run) | A driver in a crash must stop immediately at or as close as possible to the scene without blocking traffic more than necessary. If the crash is on the traveled part of a highway, the driver must move the vehicle off the road nearby, unless the crash involves hazardous materials or causes injury, death, or entrapment. The driver must stay at the scene and give their name, address and vehicle registration number to everyone involved and show their driver license. If anyone is injured or killed, the driver must give reasonable help to those injured or trapped as directed by police, medical personnel, or a 911 operator. For an unattended vehicle or property, the driver must stop, stay, try to notify the owner, and call police if the owner cannot be found. |
| Minimum car insurance | Minimum financial responsibility is $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one accident, and $25,000 for property damage (25/50/25, the property amount effective July 1, 2018). Source: Ind. Code § 9-25-4-5 |
| Dog bites | The statute imposes strict liability only in a narrow situation: if a dog, without provocation, bites a person who is acting peaceably and is where he or she is required to be to carry out a duty under state or federal law or postal regulations (for example, a mail carrier), the owner is liable for all damages, even if the dog was never vicious before. Other bites are governed by general law. Source: Ind. Code § 15-20-1-3 |
Slip, trip and fall injuries
| Falls on snow and ice | A city, county or other governmental entity in Indiana is not liable for a loss that results from the temporary condition of a public thoroughfare caused by weather. Read in the 2025 Indiana Code on iga.in.gov on 2026-10-28. Source: IC 34-13-3-3(a)(3) |
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| Sidewalk falls: who is responsible | Claims against a city, town, county or other political subdivision for a fall on its property go through the Indiana Tort Claims Act. A governmental entity is not liable for a loss from the temporary condition of a public thoroughfare that results from weather. A claim against a political subdivision is barred unless written notice is filed within 180 days after the loss. Read in the 2025 Indiana Code on iga.in.gov on 2026-10-28. Source: IC 34-13-3-3(a)(3); IC 34-13-3-8 |
| Claims against a city or county | A claim against a political subdivision (such as a city, town or county) is barred unless written notice is filed with its governing body, and with the Indiana political subdivision risk management commission when that applies, within 180 days after the loss. A person who is incapacitated has 180 days after the incapacity ends. The combined liability of all governmental entities is capped at $700,000 per person (for claims accruing on or after January 1, 2008) and $5,000,000 per occurrence, and governmental entities are not liable for punitive damages. Read in the 2025 Indiana Code on iga.in.gov on 2026-10-28. |
| Injuries on land used for recreation | A person who enters another's land without paying a fee (or whose fee is paid by a state or federal agency), to swim, camp, hike, sightsee, use a trail or for other recreational purposes, has no assurance that the premises are safe, and the owner does not become liable for injuries caused by other users. The law does not change existing rules for business invitees and invited guests or the attractive nuisance doctrine, and does not excuse injury caused by the owner's malicious or illegal act. Read in the 2025 Indiana Code on iga.in.gov on 2026-10-28. Source: IC 14-22-10-2 |
Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Motorcycle helmet law | Riders and passengers under 18 on a motorcycle or motor-driven cycle must wear a helmet meeting the federal DOT standard and protective glasses, goggles or a face shield. The section does not apply to autocycles. Read in the 2025 Indiana Code on iga.in.gov on 2026-10-28. Source: IC 9-19-7-1 |
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| Lane splitting | A motorcycle is entitled to the full use of a traffic lane, and no vehicle may be driven so as to deprive another vehicle of the full use of a lane. Two motorcycles (not autocycles) may ride side by side in one lane if both riders agree. Otherwise, the traffic rules for motor vehicles apply to motorcycles. Read in the 2025 Indiana Code on iga.in.gov on 2026-10-28. Source: IC 9-21-10-6, 9-21-10-7 |
| Pedestrian right-of-way | When traffic signals are not in place or not working, drivers must yield, slowing or stopping if needed, to a pedestrian in a crosswalk on their half of the road or approaching closely from the other half. Drivers must not pass a vehicle stopped at a crosswalk for a pedestrian, and must yield to pedestrians crossing on a 'walk' signal. Pedestrians crossing outside a marked or unmarked crosswalk must yield to vehicles and must not suddenly step into the path of a vehicle too close to stop. Read in the 2025 Indiana Code on iga.in.gov on 2026-10-28. |
| Bicycle laws | According to the Indiana BMV driver's manual, on most roadways bicyclists have the same rights and responsibilities as other roadway users. Drivers may pass a bicyclist only when there is a safe amount of room beside the bicyclist (minimum three feet) and no danger from oncoming traffic, and must yield the right of way to a bicyclist just as they would to another vehicle. Bicyclists may not ride more than two abreast except on paths or roadway parts set aside for bicycles, and are not required to ride in a designated bike lane. The manual does not state a bicycle helmet requirement. |
| Uber and Lyft insurance | While an Uber/Lyft (TNC) driver is logged on but not on a prearranged ride, primary liability insurance of at least $50,000 per person and $100,000 per incident for death and bodily injury and (after June 30, 2024) $50,000 per incident for property damage is required. During a prearranged ride, primary liability insurance of at least $1,000,000 per incident for death, bodily injury and property damage is required. The coverage may come from the driver, the company or both, and the company's insurance must cover from the first dollar if the driver's lapses or falls short. Read in the 2025 Indiana Code on iga.in.gov on 2026-10-28. Source: IC 8-2.1-19.1-8 |
| Truck safety and insurance rules | Indiana incorporates the federal motor carrier safety regulations (49 CFR Parts 40, 375, 380, 382 through 387, 390 through 393 and 395 through 398) by reference, and interstate and intrastate motor carriers must comply with them throughout Indiana, with listed exceptions (for example, hours-of-service rules do not apply to some farm trucks and intrastate construction vehicles). Read in the 2025 Indiana Code on iga.in.gov on 2026-10-28. Source: IC 8-2.1-24-18 |
Construction accidents
| Construction site injuries | An injured worker's rights under Indiana's workers' compensation law are the exclusive remedy against the employer. If someone other than the employer and not in the same employ (for example, another contractor or an equipment maker) is legally liable, the worker may sue that person, and the employer or its insurer is repaid the compensation and medical expenses it paid out of the recovery. Read in the 2025 Indiana Code on iga.in.gov on 2026-10-28. Source: IC 22-3-2-6, 22-3-2-13 |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in Indiana?
A lawsuit for injury to a person must be filed within two years after the cause of action accrues. Claims for injury from childhood sexual abuse have longer deadlines.
How long do you have to sue for property damage in Indiana?
A lawsuit for injury to personal property (such as a vehicle) must be filed within two years after the cause of action accrues.
What is the statute of limitations for medical malpractice in Indiana?
A malpractice claim against a health care provider must be filed within two years after the date of the alleged act, omission or neglect (an occurrence-based rule), regardless of minority or other legal disability. A child under 6 has until his or her 8th birthday. In certain situations described in § 34-18-8-6(c), the period is extended by 180 days.
How long do you have to file a wrongful death lawsuit in Indiana?
The personal representative must file a wrongful death lawsuit within two years.
Who can file a wrongful death lawsuit in Indiana?
The deceased person's personal representative brings the action. Recovery for medical, hospital, funeral and burial expenses goes to the estate. The rest goes to the surviving spouse and dependent children, or dependent next of kin, distributed like the deceased's personal property. If there are no such survivors, damages go to those who provided hospital, medical, funeral and burial services and to the estate for administration costs.
Can you recover damages if you were partly at fault in Indiana?
Modified comparative fault (51% bar). An injured person is barred from recovery if his or her fault is greater than the combined fault of all others whose fault contributed to the damages; otherwise damages are reduced in proportion to his or her fault.
Is there a cap on medical malpractice damages in Indiana?
Yes. Under the Medical Malpractice Act, the total amount recoverable for a patient's injury or death is capped at $1,800,000 for acts of malpractice after June 30, 2019 (lower amounts apply to earlier acts). A qualified health care provider is liable for no more than $500,000 for acts after June 30, 2019; amounts above the provider's share, up to the total cap, are paid by the state Patient's Compensation Fund.
When can you get punitive damages in Indiana?
The facts supporting punitive damages must be proved by clear and convincing evidence. The award may not exceed the greater of three times compensatory damages or $50,000, and the jury is not told about this limit. The defendant must notify the Attorney General of a punitive damages award, and the State has an interest in part of the award. Government entities and their employees are not liable for punitive damages.
How do you file an injury claim against the government in Indiana?
A claim against the State is barred unless notice is filed with the Attorney General or the state agency involved within 270 days after the loss. A claim against a city, county or other political subdivision is barred unless notice is filed with its governing body (and, where applicable, the Indiana political subdivision risk management commission) within 180 days after the loss. An incapacitated person has 180 days after the incapacity ends. Total liability of all governmental entities and employees is capped at $700,000 per person and $5,000,000 per occurrence for claims accruing on or after January 1, 2008, and punitive damages are not allowed.
Is a dog owner liable for a dog bite in Indiana?
The statute imposes strict liability only in a narrow situation: if a dog, without provocation, bites a person who is acting peaceably and is where he or she is required to be to carry out a duty under state or federal law or postal regulations (for example, a mail carrier), the owner is liable for all damages, even if the dog was never vicious before. Other bites are governed by general law.
What is the minimum car insurance required in Indiana?
Minimum financial responsibility is $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one accident, and $25,000 for property damage (25/50/25, the property amount effective July 1, 2018).
When do you have to report a car accident to the police in Indiana?
If a crash injures or kills another person, the driver must, as soon as possible, make sure law enforcement (local police, sheriff, or state police) is notified. After hitting an unattended vehicle or other property, if the owner cannot be found, the driver must call a law enforcement agency to provide their information.
Do you have to report a car accident to the DMV in Indiana?
After a crash, if the Indiana BMV requests it, the driver must provide proof of financial responsibility. The driver's insurance company must electronically file a Certificate of Compliance (COC) showing the driver had insurance meeting the state minimums at the time of the crash.
What are your duties after a car accident in Indiana?
A driver in a crash must stop immediately at or as close as possible to the scene without blocking traffic more than necessary. If the crash is on the traveled part of a highway, the driver must move the vehicle off the road nearby, unless the crash involves hazardous materials or causes injury, death, or entrapment. The driver must stay at the scene and give their name, address and vehicle registration number to everyone involved and show their driver license. If anyone is injured or killed, the driver must give reasonable help to those injured or trapped as directed by police, medical personnel, or a 911 operator. For an unattended vehicle or property, the driver must stop, stay, try to notify the owner, and call police if the owner cannot be found.
Can you sue for slipping on ice or snow in Indiana?
A city, county or other governmental entity in Indiana is not liable for a loss that results from the temporary condition of a public thoroughfare caused by weather.
Who is liable if you trip and fall on a sidewalk in Indiana?
Claims against a city, town, county or other political subdivision for a fall on its property go through the Indiana Tort Claims Act. A governmental entity is not liable for a loss from the temporary condition of a public thoroughfare that results from weather. A claim against a political subdivision is barred unless written notice is filed within 180 days after the loss.
How long do you have to file a claim against a city or county in Indiana?
A claim against a political subdivision (such as a city, town or county) is barred unless written notice is filed with its governing body, and with the Indiana political subdivision risk management commission when that applies, within 180 days after the loss. A person who is incapacitated has 180 days after the incapacity ends. The combined liability of all governmental entities is capped at $700,000 per person (for claims accruing on or after January 1, 2008) and $5,000,000 per occurrence, and governmental entities are not liable for punitive damages.
Is a landowner liable for injuries on land used for recreation in Indiana?
A person who enters another's land without paying a fee (or whose fee is paid by a state or federal agency), to swim, camp, hike, sightsee, use a trail or for other recreational purposes, has no assurance that the premises are safe, and the owner does not become liable for injuries caused by other users. The law does not change existing rules for business invitees and invited guests or the attractive nuisance doctrine, and does not excuse injury caused by the owner's malicious or illegal act.
Do you have to wear a motorcycle helmet in Indiana?
Riders and passengers under 18 on a motorcycle or motor-driven cycle must wear a helmet meeting the federal DOT standard and protective glasses, goggles or a face shield. The section does not apply to autocycles.
Is lane splitting legal in Indiana?
A motorcycle is entitled to the full use of a traffic lane, and no vehicle may be driven so as to deprive another vehicle of the full use of a lane. Two motorcycles (not autocycles) may ride side by side in one lane if both riders agree. Otherwise, the traffic rules for motor vehicles apply to motorcycles.
Who has the right of way, a pedestrian or a driver, in Indiana?
When traffic signals are not in place or not working, drivers must yield, slowing or stopping if needed, to a pedestrian in a crosswalk on their half of the road or approaching closely from the other half. Drivers must not pass a vehicle stopped at a crosswalk for a pedestrian, and must yield to pedestrians crossing on a 'walk' signal. Pedestrians crossing outside a marked or unmarked crosswalk must yield to vehicles and must not suddenly step into the path of a vehicle too close to stop.
What are the bicycle laws in Indiana?
According to the Indiana BMV driver's manual, on most roadways bicyclists have the same rights and responsibilities as other roadway users. Drivers may pass a bicyclist only when there is a safe amount of room beside the bicyclist (minimum three feet) and no danger from oncoming traffic, and must yield the right of way to a bicyclist just as they would to another vehicle. Bicyclists may not ride more than two abreast except on paths or roadway parts set aside for bicycles, and are not required to ride in a designated bike lane. The manual does not state a bicycle helmet requirement.
What insurance must Uber and Lyft drivers have in Indiana?
While an Uber/Lyft (TNC) driver is logged on but not on a prearranged ride, primary liability insurance of at least $50,000 per person and $100,000 per incident for death and bodily injury and (after June 30, 2024) $50,000 per incident for property damage is required. During a prearranged ride, primary liability insurance of at least $1,000,000 per incident for death, bodily injury and property damage is required. The coverage may come from the driver, the company or both, and the company's insurance must cover from the first dollar if the driver's lapses or falls short.
What safety and insurance rules apply to trucks in Indiana?
Indiana incorporates the federal motor carrier safety regulations (49 CFR Parts 40, 375, 380, 382 through 387, 390 through 393 and 395 through 398) by reference, and interstate and intrastate motor carriers must comply with them throughout Indiana, with listed exceptions (for example, hours-of-service rules do not apply to some farm trucks and intrastate construction vehicles).
Can you sue for a construction accident in Indiana?
An injured worker's rights under Indiana's workers' compensation law are the exclusive remedy against the employer. If someone other than the employer and not in the same employ (for example, another contractor or an equipment maker) is legally liable, the worker may sue that person, and the employer or its insurer is repaid the compensation and medical expenses it paid out of the recovery.
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