Car Accident Statute of Limitations in Indiana
Last verified 2026-07 · Source: Ind. Code § 34-11-2-4(a) ✓ verified · 3 sources
The deadline
2 years
from the date of the accident, under Ind. Code § 34-11-2-4(a).
Advertisement
Indiana law sets a hard deadline of 2 years to file a car accident lawsuit. The controlling statute is Ind. Code § 34-11-2-4(a), and the clock generally starts on the date of the accident. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Indiana Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Car Accident | 2 years | Ind. Code § 34-11-2-4(a) |
| Credit Card Debt | 6 yrs | Ind. Code § 34-11-2-9 |
| Medical Malpractice | 2 yrs | Ind. Code § 34-18-7-1 |
| Wrongful Death | 2 yrs | Indiana Code § 34-23-1-1 |
| Personal Injury | 2 yrs | Ind. Code § 34-11-2-4(a)(1) |
| Dog Bite | 2 yrs | Ind. Code § 15-20-1-3 |
| Slip and Fall | 2 yrs | Ind. Code § 34-11-2-4 |
| Defamation | 2 yrs | Ind. Code § 34-11-2-4 |
| Breach of Contract | 10 yrs | Ind. Code § 34-11-2-11 |
| Medical Debt | 6 yrs | Ind. Code § 34-11-2-9 |
When the Clock Starts
In Indiana, the limitations period for car accident lawsuits generally begins on the date of the accident. Indiana recognizes a discovery rule for this claim type: Under Indiana's discovery rule the action accrues when the claimant knows, or in the exercise of ordinary diligence could discover, that an injury was sustained as a result of another's tortious act (Wehling v. Citizens National Bank, 586 N.E.2d 840 (Ind. 1992)).
Advertisement
Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Under the Indiana Tort Claims Act, a notice of claim must be filed within 180 days after the loss for claims against a political subdivision (Ind. Code § 34-13-3-8) and within 270 days for claims against the state (Ind. Code § 34-13-3-6).
If the at-fault driver is a governmental entity or employee, the Indiana Tort Claims Act caps recovery at $700,000 per person and $5,000,000 per occurrence and bars punitive damages (Ind. Code § 34-13-3-4); ordinary private car-accident suits are uncapped.
Source: Ind. Code § 34-11-2-4(a), official Indiana statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Indiana government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Indiana Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Indiana | 2 years | Ind. Code § 34-11-2-4(a) |
| Illinois | 2 yrs | 735 ILCS 5/13-202 |
| Kentucky | 2 yrs | Ky. Rev. Stat. § 304.39-230(6) |
| Ohio | 2 yrs | Ohio Rev. Code § 2305.10 |
| Michigan | 3 yrs | Mich. Comp. Laws § 600.5805(2) |
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Indiana?
You have 2 years from the date of the accident, under Ind. Code § 34-11-2-4(a).
Can I still sue after 2 years in Indiana?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to car accident lawsuits in Indiana?
Yes. Under Indiana's discovery rule the action accrues when the claimant knows, or in the exercise of ordinary diligence could discover, that an injury was sustained as a result of another's tortious act (Wehling v. Citizens National Bank, 586 N.E.2d 840 (Ind. 1992)).
What if the victim was a minor?
Indiana generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Under the Indiana Tort Claims Act, a notice of claim must be filed within 180 days after the loss for claims against a political subdivision (Ind. Code § 34-13-3-8) and within 270 days for claims against the state (Ind. Code § 34-13-3-6).
Advertisement
Sources
- Official Indiana Code Title 34, § 34-11-2-4 — Indiana General Assembly (2025 Indiana Code)
- Corroborating Indiana Code § 34-11-2-4 (2025) — Justia US Law
- Corroborating Indiana Code § 34-11-2-4 — FindLaw Codes (current as of Jan. 1, 2026)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Indiana attorney.