December 18, 2025
The statute of limitations for car accident claims in Indiana sets a strict deadline. Understanding this two-year window and what exceptions might apply can protect your legal rights. If you’ve been injured in a car accident, Custy Law Firm | Accident & Injury Lawyers‘s Indiana car accident lawyers can help you understand your timeline and protect your rights. Our team at Custy Law Firm | Accident & Injury Lawyers has recovered millions in compensation for injured clients throughout Indiana.
Understanding Indiana’s Two-Year Statute of Limitations
The clock starts on the day the accident happens. Even if your injuries are not diagnosed until months later, the deadline remains two years from the date of the crash.
Indiana law gives you exactly two years from your car accident to file a personal injury lawsuit. Indiana Code § 34-11-2-4 establishes this deadline. It applies to both bodily injury and property damage claims. The clock starts on the day the accident happens, not when you discover your injuries.
Many people mistakenly believe they have more time. They think ongoing insurance negotiations extend the deadline. Insurance claims operate on a different timeline than lawsuits. Once that two-year window closes, you lose your right to file in court permanently. This is why filing a personal injury lawsuit in Indiana requires immediate action.
Key deadline to remember: File your lawsuit within 2 years or lose your right to sue.
Why Acting Quickly Matters for Your Car Accident Claim
At Custy Law Firm | Accident & Injury Lawyers, our experienced team of attorneys knows how Indiana’s statute of limitations affects your case. Our team has helped countless accident victims file claims before deadlines expire. Insurance companies count on delays and confusion about these rules.
We act quickly to protect your rights. Early action strengthens your entire case. Evidence fades over time. Witnesses move away or forget details. Medical records become harder to obtain. The fresher your evidence, the stronger your claim. Our car accident attorneys understand that gathering documentation takes time; you need medical records, accident reports, witness statements, repair estimates, and proof of lost wages.
Starting this process immediately ensures nothing gets overlooked. Our attorneys understand the importance of building a strong case within the statute of limitations window. Learn more about what to do after a car accident in Indiana to ensure you preserve all evidence. Understanding how car accident settlements work can also help you navigate negotiations with insurance companies.
Critical Exceptions That Can Extend Your Deadline
While the two-year rule is strict, Indiana law recognizes certain situations where the deadline works differently. These tolling exceptions can significantly impact your case timeline. Understanding these exceptions is crucial for protecting your rights, especially in cases involving minors or individuals with legal disabilities.
Claims Involving Minors
If a minor was injured in a car accident, the statute of limitations pauses. The deadline doesn’t begin until that child turns 18 years old. A parent or guardian can file a lawsuit on behalf of the child. The lawsuit must be filed before the child’s 20th birthday (two years after turning 18). This protection ensures that children injured in accidents have adequate time for their parents to pursue compensation.
Legally Incapacitated Individuals
If the injured person is legally declared mentally incapacitated or incompetent, the statute of limitations pauses. Once the person regains capacity or a guardian is appointed, the deadline resumes. This protection ensures that people unable to manage their own legal affairs don’t lose their rights. Indiana personal injury law recognizes these special circumstances.
Exception examples: minors, mental incapacity, legal disability.
Government Entity Claims Have Shorter Deadlines
If your accident involved a government vehicle or government negligence, you face a tighter deadline. Claims against state government agencies must be filed within 270 days of the accident. Claims against political subdivisions, cities, counties, and local agencies must be filed within 180 days.
These shorter deadlines exist under Indiana’s Tort Claims Act. Additionally, you must provide formal notice to the government entity before filing your lawsuit. Missing these deadlines means losing your claim entirely, with no exceptions. Government claims require faster action than standard personal injury claims, making it essential to contact an attorney immediately.
What Happens If You Miss the Deadline
If your lawsuit isn’t filed before the statute of limitations expires, the court will dismiss your case immediately. Judges have no discretion to extend the deadline, even if you have a strong case or sympathetic circumstances. You could have clear evidence of the other driver’s fault and documented injuries, but missing the deadline means you cannot recover anything.
Insurance companies understand this rule well. Some use delay tactics, hoping you’ll miss the deadline and lose your right to sue. Once the deadline passes, they know you have no leverage in negotiations. This is why acting quickly protects your interests. Missing the deadline means losing your right to compensation permanently. Contact our Indiana car accident lawyers immediately to protect your rights.
Frequently Asked Questions About Indiana Car Accident Statute of Limitations
When does the statute of limitations clock start for a car accident in Indiana?
The clock starts on the date of the accident itself. It doesn’t start when you discover your injuries or realize how serious they are. The accident date is the most important date in your case. This is why documenting the accident immediately is critical. Learn more about what to do after a car accident to ensure proper documentation.
Can the statute of limitations be extended in Indiana?
While Indiana has a ‘discovery rule‘ for hidden injuries (like chemical exposure), it rarely applies to car accidents. For car crashes, the clock ticks from the moment of the collision, even if you don’t realize how badly you are hurt until weeks later. Do not assume you have extra time; stick to the two-year deadline from the accident date.
What’s the difference between filing a claim with insurance and filing a lawsuit?
Insurance claims and lawsuits have different deadlines and processes. You can file an insurance claim years after an accident. However, you only have two years to file a lawsuit in court. Insurance companies know this distinction and may delay settlement, knowing your lawsuit deadline approaches. Understanding how car accident settlements work can help you navigate this process. Many accident victims benefit from hiring a personal injury lawyer to manage both insurance claims and potential litigation.
Do I need to file a police report before the statute of limitations expires?
A police report is not required for the statute of limitations deadline. However, if the accident involves any injury, death, or damage to an unattended vehicle or property whose owner cannot be contacted, Indiana law requires you to report the accident. You must report to the local police, the county sheriff, or the state police. You must also submit an Operator’s Proof of Insurance or Crash Report to the Indiana Bureau of Motor Vehicles within 10 days. For guidance on this process, consult with our car accident attorneys.
What if the other driver doesn’t have insurance?
The statute of limitations still applies to your claim. However, you may have uninsured motorist coverage through your own insurance policy. This coverage can help you recover compensation even when the other driver lacks insurance. Your two-year deadline to file a lawsuit still applies. Uninsured and underinsured driver claims follow the same statute of limitations rules as standard car accident cases.
Take Action Before Your Deadline Passes
Your statute of limitations deadline is not flexible. Every day that passes brings you closer to losing your legal rights. Contact an attorney as soon as possible after your accident.
Custy Law Firm | Accident & Injury Lawyers offers free consultations to review your case and timeline. Our firm will explain your options, answer your questions, and help you understand what happens next. Call (219) 286-7361 today to speak with an experienced car accident attorney. There’s no cost for your initial consultation, and we work on contingency—you pay nothing unless we recover compensation for you. Our team includes experienced trial lawyers who have recovered millions for injured clients. Learn more about how to file a personal injury lawsuit in Indiana to understand the next steps.
