How Long Do I Have to File a Car Accident Claim in Indiana?

According to state law, the deadline for car accident claims in Indiana is two years. Injured people must file their personal injury claim within two years of the car accident or risk the courts barring them from seeking compensation for their losses.

While two years might seem like plenty of time, taking action as soon as possible is critical. The Indiana car accident attorneys at Craig, Kelley & Faultless LLC are ready to get started on your case now. Let us conduct a thorough investigation of the crash before evidence disappears and eyewitnesses’ memories fade. 

Contact us now for a free consultation about your legal right to pursue compensation for your losses through an Indiana car accident claim. 

Are There Any Exceptions to the Two-Year Statute of Limitations?

Indiana law provides multiple potential exceptions to the two-year statute of limitations for filing a car accident injury claim, including the following circumstances:

• Legal disabilities – If a car accident victim suffers an injury that results in a disability that prevents them from filing their claim, such as a coma, the statute of limitations clock starts after they recover from the disability. Similarly, the statute of limitations period doesn’t begin for minors injured in car accidents until they turn 18. Indiana considers being under the age of 18 to be a legal disability because minors cannot file legal claims on their own.
• Concealed cause of action – If the at-fault party in a car accident conceals their involvement, such as in the case of a hit-and-run, the statute of limitations does not begin until the at-fault party’s identity is known. The law can also protect an individual’s right to seek compensation from another party who attempts to conceal their involvement, such as a manufacturer who hides a product defect that contributed to the crash.
• Nonresident defendant – If the at-fault party is no longer in Indiana, the courts may pause (or toll) the statute of limitations until the at-fault party returns to the state. The law protects injured individuals from missing out on their legal right to seek compensation from a motorist who attempts to flee beyond the state’s jurisdiction.
• State government – If the state government or an agent of the state government caused your car accident injuries, there is a reduced time limit for taking action on your car accident claim in Indiana. You must file notice with the state within 270 days of the incident. Lawsuits against the state government also have other unique rules.
• Political subdivisions – If a local government entity or one of their agents caused your car accident injuries, you have only 180 days to file notice of your claim. That is the shortest deadline for car accident injury claims in Indiana. If you have cause to sue the government, you must consult our car accident attorneys as soon as possible so we can begin investigating the incident and building your case.

When Does the Indiana Statute of Limitations Deadline Start Counting Down?

Typically, the statute of limitations in Indiana begins counting down from the date of the accident that caused your injuries. However, if you only realized you suffered an injury at a later date, the statute of limitations may not begin immediately. For example, internal injuries and traumatic brain injuries sometimes have delayed symptoms. In these situations, the statute of limitations begins counting down from the date you discovered or reasonably should have discovered you suffered an injury caused by the accident.

Other reasons why the statute of limitations may not begin immediately include legal disability, concealed cause of action, and a nonresident defendant. Pausing the statute of limitations in certain circumstances protects injured individuals’ right to seek compensation for their injuries. 

How Soon Do I Have to Report a Car Accident in Indiana? 

While you typically have up to 10 days to report an accident to the Indiana Bureau of Motor Vehicles (BMV), it’s best to report the accident to the police as soon as possible. In Indiana, motorists are legally obligated to report any motor vehicle accident resulting in injury or death. When you report an accident to the police, they must file the accident report with the BMV. 

What Happens if I Do Not File My Personal Injury Claims Before the Time Limit Expires?

If you don’t file your personal injury lawsuit in Indiana before the time limit expires, the courts will likely bar you from seeking compensation for your accident-related losses. For that reason, you should speak with our Indiana car accident injury attorneys as soon as possible. 

A car accident attorney at our law firm can assist you by:

• Investigating the accident – Our attorneys can investigate the circumstances surrounding the accident to identify liable parties and gather supporting evidence.
• Calculating your losses – Our lawyers can then calculate your economic and non-economic losses. We may also turn to medical or financial experts to help with these calculations in more complex cases.
• Filing your car accident case – Our attorneys will prepare an accurate legal claim and file the necessary paperwork within the statutory deadline.
• Negotiating with insurance companies – We will negotiate for a full and fair settlement with the other driver’s insurance company. Insurance companies may try to take advantage of unwitting plaintiffs by offering settlements well below what their cases are worth. Our attorneys can advise you against accepting a lowball offer from the insurance company.
• Presenting your case at trial – If the insurance company refuses to offer a fair settlement, our lawyers can file a lawsuit, present your case at trial, and seek the maximum compensation.

Get Legal Help from an Indianapolis Car Accident Lawyer Now

If you suffered an injury in an Indiana car accident, contact Craig, Kelley & Faultless LLC for a free consultation with one of our experienced Indiana personal injury attorneys. An experienced personal injury attorney from our law firm is ready to evaluate your case, explain your legal options, and ensure your claim is filed appropriately and promptly.