Are you coping with the aftermath of a car accident someone else caused? If you suffered injuries in the crash, you could seek compensation from the responsible party — but you have deadlines to meet. Indiana’s statute of limitations typically gives you two years from the date of a car accident to file a personal injury claim, but the facts of the case could shorten or lengthen that time limit. If you file your lawsuit after the limitations period expires, you may lose the opportunity to seek compensation and justice from the at-fault party(s).
Table of Contents
- 1 Are There Exceptions to the Two-Year Limit?
- 2 Why Does Indiana Have a Statute of Limitations?
- 3 Does the Indiana Statute of Limitations Apply to Car Insurance Claims?
- 4 What Happens if You Miss Filing a Lawsuit or Claim Before the Two-Year Deadline?
- 5 How Soon After a Car Accident Should You Contact a Car Accident Attorney?
- 6 Contact an Indiana Car Accident Lawyer
Are There Exceptions to the Two-Year Limit?
The law recognizes various exceptions to Indiana’s two-year statute of limitations for car accident claims, including:
The Discovery Rule
In some cases, the discovery rule can pause the statute of limitations on a car accident claim. The legal term for this delay is tolling.
The discovery rule often applies when car accident injuries are not immediately apparent. Some injuries do not manifest symptoms for days or weeks after car accidents. In these cases, the clock doesn’t start ticking until the date the victim discovers (or reasonably should have discovered) they got hurt.
Disability
Under Indiana law, the statute of limitations tolls when a victim has a disability that prevents them from filing or pursuing a car accident claim. If a physical, cognitive, or legal disability renders them unable to bring their claims, the limitations period starts or resumes once they regain capacity.
Age
Minors also lack the legal capacity to file a car accident claim. Instead, the statute of limitations begins on their 18th birthday. However, a minor does not necessarily have to wait years to file a personal injury claim. The minor’s parent or guardian can seek compensation for medical expenses and other losses by filing suit on the child’s behalf.
Out-of-state Defendants
Indiana law also tolls the statute of limitations during any period in which the at-fault party does not reside in Indiana or leaves the state to avoid the legal consequences of their actions.
Claims Against the Government
Pursuing a claim against a state or local government involves additional steps. First, you must provide the government with a written notice of your claim. Unlike exceptions that extend the car accident statute of limitations, claims against the government have a shorter deadline. You must file your notice of claim against a government or state agency within 270 days, not two years.
For claims against a local government, the law requires you to file notice of your claim with the municipality’s governing body and potentially the Indiana Political Subdivision Risk Management Commission within 180 days of the car accident.
Failing to provide notice within the applicable deadlines may result in you losing the opportunity to pursue a car accident lawsuit.
Why Does Indiana Have a Statute of Limitations?
Statutes of limitations serve several vital purposes. First, they ensure the prompt filing of claims to avoid circumstances where evidence becomes lost or destroyed. It also improves the likelihood that witnesses’ memories remain fresh. Timely filing of legal claims ensures both plaintiffs and defendants have all available evidence to build the strongest case as they navigate the legal process.
Second, statutes of limitations provide finality and peace of mind to defendants. Once the statute of limitations has expired on a claim, they can rest assured that they will not bear any financial liability for that claim and can begin making financial or personal decisions without worrying further legal action will be taken against them.
Does the Indiana Statute of Limitations Apply to Car Insurance Claims?
The statute of limitations is the same for car insurance claims in Indiana, and the same logic applies to these cases. The insurance company wants evidence before it disappears and witness statements before recollections fade.
What Happens if You Miss Filing a Lawsuit or Claim Before the Two-Year Deadline?
If you try to file your claim or lawsuit after the applicable deadlines expire, the court might dismiss your case as untimely filed. If this happens, you will likely forfeit your ability to seek fair compensation for your financial and personal losses.
Courts strictly enforce statutes of limitations and notice deadlines unless a plaintiff can demonstrate either:
- Substantial compliance with the statute of limitations or notice requirements
- Circumstances outside their control prevented them from filing their claims on time
How Soon After a Car Accident Should You Contact a Car Accident Attorney?
You may have as little as six months to file your personal injury lawsuit, which means you should contact an Indiana car accident lawyer from Truitt Law Offices as soon as possible after a crash. Investigating a car accident and preparing a legal claim takes time. The sooner you contact a car accident attorney, the more time your lawyer will have to prepare a solid case to argue for your right to compensation.
Most car accident cases don’t go to trial, but having a lawyer represent you through the insurance claims process can take the pressure off your shoulders without worrying about meeting appropriate deadlines.
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.
