Indiana
Indiana Car Accident Laws: Fault, Insurance, and Your Claim
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 1 primary source cited on this page. How we verify our legal content
Indiana is an at-fault (tort) state that follows a modified comparative fault rule with a 51% bar, so the at-fault driver's liability insurer pays your damages, your recovery is reduced by your share of fault, and you recover nothing if you are found more than 50% at fault.
Is Indiana a no-fault or at-fault state?
Indiana is a traditional at-fault (tort) state. Unlike the twelve no-fault states that require Personal Injury Protection and restrict lawsuits, Indiana imposes no such restriction. After a crash, the driver who caused it (through their liability insurer) is responsible for the other party's medical bills, lost wages, property damage, and pain and suffering. An injured person may sue directly without clearing any verbal or monetary injury threshold. The Indiana Department of Insurance lists required coverages as liability and UM/UIM only; there is no mandatory PIP or first-party no-fault layer. If you were hurt in an Indiana crash, your path to full compensation runs through the at-fault driver's liability policy, your own UM/UIM coverage if the other driver was uninsured or underinsured, or a lawsuit in Indiana civil court.
Because there is no PIP system, your health insurer or optional MedPay coverage may pay your medical bills upfront, but the at-fault driver's liability carrier is the primary source of recovery. You are not locked into a no-fault process before you can sue for pain and suffering. The only limits on your claim are the comparative-fault 51% bar, the 2-year statute of limitations, and the practical ceiling imposed by the at-fault driver's insurance limits.
How fault is shared: Indiana's negligence rule
Indiana follows a modified comparative fault rule with a 51% bar, codified in the Indiana Comparative Fault Act at Ind. Code 34-51-2. Under this system, the jury (or adjuster at settlement) assigns each party a percentage of fault. Your damages are then reduced by your own percentage. If a jury finds your total damages are $100,000 but you were 30% at fault, you recover $70,000. The key dividing line is 51%: if you are found to be more than 50% at fault (meaning 51% or greater), you recover nothing. The bar triggers at IC 34-51-2-6.
This rule is more forgiving than the four pure-contributory states (Alabama, Maryland, North Carolina, Virginia, and the District of Columbia), where even 1% of fault bars all recovery. But it is less generous than pure comparative fault states like California, where a 90% at-fault plaintiff can still recover 10% of damages. In Indiana, the practical upshot is that if the other driver was clearly more responsible for the crash than you were, you have a viable claim. Comparative fault is litigated at trial, negotiated at settlement, and can be affected by evidence such as police reports, witness statements, and black-box data.
Minimum car insurance in Indiana
Indiana's financial-responsibility law, found in Ind. Code Title 9, Art. 25, requires every registered vehicle to carry at least the following liability limits: $25,000 for bodily injury to one person per accident; $50,000 for bodily injury to all persons in a single accident; and $25,000 for property damage per accident. This 25/50/25 structure is the floor, not the recommendation. Because medical costs alone routinely exceed $25,000 per person after a serious crash, many Indiana drivers carry higher limits or an umbrella policy.
Indiana also has a strong UM/UIM requirement. Under , every newly written auto liability policy must include uninsured motorist coverage at limits equal to the policy's bodily injury limits (minimum 25/50, plus $25,000 UM property damage) and underinsured motorist coverage available at no less than $50,000. The insurer must offer these coverages; you may decline only by signing a written rejection. If you never signed such a rejection, your policy likely includes UM/UIM. UM/UIM coverage is critical because Indiana has a meaningful share of uninsured and underinsured drivers, and without it you bear the loss yourself if the at-fault driver has no coverage or inadequate limits. PIP is not required in Indiana; if you want first-party coverage for your own medical bills regardless of fault, you can add optional MedPay to your policy.
How long you have to file: the statute of limitations
Indiana's personal-injury statute of limitations is 2 years from the date of the accident, under (1). This applies to bodily-injury claims arising from car crashes. If you miss this deadline, your lawsuit will almost certainly be dismissed and your claim lost forever, no matter how strong it was on the merits. Property-damage claims are governed by a separate limitations period; consult an attorney for the current rule on your specific property-damage claim.
The clock runs from the date of the injury, not the date you discovered the injury was serious. There are limited exceptions: the statute is tolled (paused) for minors and persons under a legal disability, and it may restart in cases of fraudulent concealment, but these exceptions are narrow.
One major exception concerns government defendants. If your crash involved a city bus, a county snowplow, a state highway-department vehicle, or another government unit, Indiana's Tort Claims Act imposes far shorter deadlines. Claims against a political subdivision (city, county, township) require a written notice of tort claim within 180 days of the loss. Claims against the State of Indiana require notice within 270 days. Failure to file the notice on time bars the claim entirely, even if the 2-year civil SOL has not yet run. If a government vehicle or a dangerous road condition was involved, assume a 180-day notice deadline and act immediately.
For a broader look at how Indiana's limitations periods work across different claim types, see Indiana's statute-of-limitations rules.
What an Indiana car accident claim is worth
Indiana car accident claims can include economic damages (medical bills, future medical care, lost wages, diminished earning capacity, vehicle repair or replacement) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, scarring). Indiana does not cap non-economic damages in ordinary auto-accident cases, so severe injuries can support substantial pain-and-suffering awards.
Your recovery is shaped by three practical realities. First, Indiana's 51% comparative-fault bar means that if you share significant fault, your damages are reduced and could be eliminated. Second, the at-fault driver's liability limits set a hard ceiling on what their insurer will pay; if they carry only the minimum 25/50/25, a serious injury may exhaust those limits quickly. Your own UM/UIM coverage, MedPay, and health insurance fill the gap above those limits. Third, Indiana does not require PIP, so there is no automatic first-party medical payment; all of your out-of-pocket losses come back through a liability claim or your own coverage.
Use our Indiana car accident settlement calculator to get a rough estimate of your claim's value based on your injury severity, liability split, and available insurance. The calculator is a starting point, not legal advice; actual settlement values depend on evidence, venue, and negotiation.
What to do after a car accident in Indiana
Taking the right steps immediately after a crash protects your health and your legal rights.
Check for injuries and call 911. Even if you feel fine, call for emergency services. Indiana requires you to report any accident involving injury, death, or significant property damage to law enforcement. A police report creates an official record that is valuable for insurance and litigation.
Move to safety and document the scene. If the vehicles can be safely moved out of traffic, do so. Photograph both vehicles, the road, skid marks, traffic signals, weather conditions, and any visible injuries. Exchange insurance and license information with all drivers.
Seek medical care promptly. See a doctor within 24 to 72 hours even if you feel only minor pain. Delayed treatment gives insurers grounds to argue your injuries were not caused by the crash. Keep all medical records, bills, and notes about how your injuries affect your daily life.
Notify your own insurer. Indiana policies generally require prompt notification of any accident. Report the crash to your insurer even if you were not at fault; they protect your interest under UM/UIM if the other driver is uninsured.
Do not give a recorded statement to the other driver's insurer without consulting a lawyer. Adjusters use recorded statements to lock you into positions that minimize your recovery. You are not required to give one. Before accepting any settlement offer, speak with a licensed Indiana personal-injury attorney. Many work on contingency, so there is no upfront cost, and a lawyer can assess whether the offer reflects your full damages under Indiana's comparative-fault rules.
This article is general legal information, not legal advice. Car accident law varies by state and changes, and settlement values depend on the specific facts. For advice about a specific crash, consult a licensed attorney in Indiana.
Related pages:
More Indiana Laws
Frequently Asked Questions
Is Indiana a no-fault state?
No. Indiana is an at-fault (tort) state. There is no mandatory Personal Injury Protection or no-fault system. After a crash, you claim against the at-fault driver's liability insurer and may sue directly for all damages including pain and suffering, with no injury threshold to clear.
Is Indiana an at-fault state?
Yes. Indiana is a traditional at-fault state. The driver who caused the crash is legally responsible for the other party's injuries and property damage, enforced through their liability insurance policy or a civil lawsuit.
What is the statute of limitations for a car accident in Indiana?
Two years from the date of the accident for personal injury claims, under Ind. Code 34-11-2-4. If a government vehicle or road condition was involved, you must file a Tort Claims Act notice within 180 days (political subdivision) or 270 days (State of Indiana). Miss these deadlines and your claim is likely barred forever.
Can I still recover if I was partly at fault in Indiana?
Yes, as long as your fault does not exceed 50%. Indiana uses a modified comparative fault rule with a 51% bar (Ind. Code 34-51-2). Your damages are reduced by your percentage of fault, but if you are found 51% or more at fault you receive nothing.
What are the minimum insurance requirements in Indiana?
Indiana requires 25/50/25 liability coverage: $25,000 bodily injury per person, $50,000 per accident, and $25,000 property damage. Insurers must also offer uninsured and underinsured motorist coverage on every new policy; you can decline only in writing (Ind. Code 27-7-5-2). PIP is not required.
How much is my Indiana car accident claim worth?
It depends on the severity of your injuries, your share of fault under Indiana's 51% bar, available insurance limits, and your documented economic losses. Indiana does not cap non-economic damages in auto cases. Use our Indiana car accident settlement calculator for a starting estimate, then consult an attorney for a case-specific evaluation.
Does Indiana require uninsured motorist coverage?
Insurers must offer UM and UIM coverage on every new policy at limits matching your liability coverage (minimum 25/50 plus $25,000 PD for UM; at least $50,000 for UIM). You can decline in writing, but if you never signed a rejection your policy likely includes it. UM/UIM is your key protection if the at-fault driver has no insurance or too little (Ind. Code 27-7-5-2).
Injured in Indiana? Get a free case review from a personal-injury attorney
If someone else's negligence caused your injury, you may be owed compensation for medical bills, lost wages, and pain and suffering. Get a free, no-obligation review from a Indiana personal-injury attorney. Most work on contingency, so there is no upfront cost.
Updates
Repaired four Indiana statute source links that pointed at a generic insurance FAQ page.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Indiana Code, TITLE 27. INSURANCE
§ 27-7-5-2Uninsured and underinsured motorist coverage; required coverage; rejection; exemptions; umbrella policiesIn force
Sec. 2. (a) Except as provided in subsections (d), (f), and (h), the insurer shall make available, in each automobile liability or motor vehicle liability policy of insurance which is delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state, insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person and for injury to or destruction of property to others arising from the ownership, maintenance, or use of a motor vehicle, or in a supplement to such a policy, the following types of coverage: (1) in limits for bodily injury or death and for injury to or destruction of property not less than those set forth in IC 9-25-4-5 under policy provisions approved by the commissioner of insurance, for the protection of persons insured under the policy who are legally entitled to recover damages from owners or operators of uninsured or underinsured motor vehicles because of bodily injury, sickness or disease, including death, and for the protection of persons insured under the policy who are legally entitled to recover damages from owners or operators of uninsured motor…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 75 court opinionsMost recently applied by a court: 2026
Leading cases:
- Allstate Insurance Co. v. Boles (Indiana Supreme Court 1985, 481 N.E.2d 1096)“…are as follows: the Uninsured Motorists Coverage Statute, Ind. Code § 27-7-5-2 , et seq. (Burns Supp. 1985); Liabili…”
- Meridian Mutual Insurance Co v. Richie (Indiana Supreme Court 1989, 540 N.E.2d 27)“…tten to comply, or held to comply, with Indiana law. See Ind. Code § 27-7-5-2 (a). Thus the likelihood of the Richies…”
- City of Gary v. Allstate Insurance Co. (Indiana Supreme Court 1993, 612 N.E.2d 115)“…quired to provide uninsured motorist coverage pursuant to Ind. Code § 27-7-5-2 , the legislature demonstrated an inten…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Indiana Code, TITLE 34. CIVIL LAW AND PROCEDURE
§ 34-11-2-4Injury or forfeiture of penalty actionsIn forcecited in 8 of our articles
Sec. 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. (b) Except as provided in subsections (c) and (d), an action for injury to a person that results from the sexual abuse of a child must be commenced within the later of: (1) seven (7) years after the cause of action accrues; or (2) four (4) years after the person ceases to be a dependent of the person alleged to have performed the sexual abuse. (c) An action for injury to a person that: (1) results from the sexual abuse of a child; (2) is barred due to the expiration of the statute of limitations period described in subsection (b); and (3) is brought against a congressionally chartered organization that was incorporated before June 16, 1916; may be commenced in accordance with subsection (d).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 196 court opinionsMost recently applied by a court: 2026
Leading cases:
- Burkett v. American Family Insurance Group (Indiana Court of Appeals 2000, 737 N.E.2d 447)“…ons for tort actions applies to this case. See Ind.Code § 34-11-2-4. The accident between Richard Bu…”
- Irwin Mortgage Corp. v. Marion County Treasurer (Indiana Court of Appeals 2004, 816 N.E.2d 439)“…e as: 1. Does the two-year statute of limitations of Ind.Code Ann. § 34-11-2-4 bar Irwin's federal constitutional clai…”
- Shaum v. McClure (Indiana Court of Appeals 2009, 902 N.E.2d 853)“…the applicable statute of limitations is that set forth in IC 34-11-2-4, two (2) years. Additionally, even if t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Indiana Dog Bite Laws: Liability and Victim Rights, Indiana Hit and Run Laws: Penalties and What to Do, Indiana Defamation Laws: Libel, Slander & Suing (2026)
§ 34-51-2-6Barring of recovery; degree of contributory faultIn forcecited in 5 of our articles
Sec. 6. (a) In an action based on fault that is brought against: (1) one (1) defendant; or (2) two (2) or more defendants who may be treated as a single party; 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. (b) In an action based on fault that is brought against two (2) or more defendants, 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. [Pre-1998 Recodification Citation: 34-4-33-4.]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 28 court opinionsMost recently applied by a court: 2025
Leading cases:
- St. Margaret Mercy Healthcare Centers, Inc. v. Poland (Indiana Court of Appeals 2005, 828 N.E.2d 396)“…2), the matter shifts to a comparative fault analysis under I.C. § 34-51-2-6. [7] Poland alleged in her complaint…”
- Speedway SuperAmerica, LLC v. Holmes (Indiana Supreme Court 2008, 885 N.E.2d 1265)“…ault to Gerald would have produced a judgment for Speedway. Ind. Code § 34-51-2-6 (2004). Moreover, the trial court’s ord…”
- TRW Vehicle Safety Systems, Inc. v. Moore (Indiana Supreme Court 2010, 936 N.E.2d 201)“…fault proximately contributed to the claimant's damag- es." Ind. Code § 34-51-2-6(b). If we were to ignore the unallocate…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Motorcycle Accident Laws in Indiana (2026): Deadlines & Helmets, Truck Accident Laws in Indiana (2026): Deadlines & Liability
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Sources and References
- Indiana Department of Insurance — Auto Insurance Consumer Guide(in.gov).gov
- Ind. Code 27-7-5-2 (Uninsured/Underinsured Motorist offer-and-rejection requirement)(law.justia.com)
- Ind. Code Title 9, Art. 25 (Financial responsibility and 25/50/25 minimum liability limits)(law.justia.com)
- Ind. Code 34-11-2-4 (2-year personal-injury statute of limitations)(law.justia.com)
- Ind. Code 34-51-2 (Indiana Comparative Fault Act; 51% bar at IC 34-51-2-6)(law.justia.com)