Indiana at a glance
Indiana allows two years to sue for injury to a person.[1] Notice of a claim against a political subdivision is due within 180 days,[2] and against the state within 270 days.[3] A claimant whose fault is greater than the fault of all others is barred.[4] Drivers must carry at least $25,000/$50,000 in bodily injury coverage.[5]
Filing deadlines
Ind. Code § 34-11-2-4(a)
An action for: (1) injury to person or character; (2) injury to personal property; or (3) a forfeiture of penalty given by statute; must be commenced within two (2) years after the cause of action accrues.
Source: [1]
In plain English, most injury lawsuits in Indiana must be filed within two years.[1]
Political subdivisions: Ind. Code § 34-13-3-8(a)
a claim against a political subdivision is barred unless notice is filed with: (1) the governing body of that political subdivision; and (2) … the Indiana political subdivision risk management commission … within one hundred eighty (180) days after the loss occurs.
Source: [2]
The state: Ind. Code § 34-13-3-6(a)
a claim against the state is barred unless notice is filed with the attorney general or the state agency involved within two hundred seventy (270) days after the loss occurs.
Source: [3]
Shared fault
Ind. Code § 34-51-2-6(a)
the claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages.
Source: [4]
This is modified comparative fault, often called the 51% bar. An injured person who is 50% or less at fault can recover damages reduced by their share; one who is more at fault than the parties the statute compares them to cannot recover.
Auto insurance requirements
The Indiana Department of Insurance lists minimum amounts of “$25,000 for bodily injury to or death of one individual, $50,000 for the bodily injury to or death of 2 or more individuals, $25,000 for damage to or the destruction of property in one accident.”[5] Indiana is not one of the no-fault states.[6]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
Frequently asked questions
How long do I have to file a head injury lawsuit in Indiana?
In plain English, most injury lawsuits in Indiana must be filed within two years.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- Ind. Code § 34-11-2-4. Justia. https://law.justia.com/codes/indiana/title-34/article-11/chapter-2/section-34-11-2-4/
- Ind. Code § 34-13-3-8. Justia. https://law.justia.com/codes/indiana/title-34/article-13/chapter-3/section-34-13-3-8/
- Ind. Code § 34-13-3-6. Justia. https://law.justia.com/codes/indiana/title-34/article-13/chapter-3/section-34-13-3-6/
- Ind. Code § 34-51-2-6. FindLaw. https://codes.findlaw.com/in/title-34-civil-law-and-procedure/in-code-sect-34-51-2-6/
- Indiana Department of Insurance. “Property and Casualty Review Standard.” https://www.in.gov/idoi/compliance-rates-and-forms/property-and-casualty/property-and-casualty-review-standards
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
Sources last checked: October 11, 2026
