By Jim Keller, Keller & Keller Injury Attorneys
I’ve spent decades sitting across the table from Hoosiers on some of the worst days of their lives — the day after a car accident turned everything upside down. One question comes up in almost every first meeting: “How long do I actually have to do something about this?” It’s a fair question, and it deserves a straight answer. So let’s get into it.
The Short Answer: Two Years
In Indiana, you generally have two years from the date of your car accident to file a personal injury lawsuit. This deadline comes from Indiana Code § 34-11-2-4, and it applies to most car accident injury claims, property damage claims, and wrongful death claims arising from a crash.
Two years sounds like a long time. In my experience, it goes by faster than people expect — especially when you’re dealing with medical treatment, missed work, insurance adjusters, and just trying to get your life back to normal.
Why the Deadline Exists
Indiana’s legislature set this limit for a practical reason: evidence fades, witnesses move away or forget details, and courts need some finality. If there were no deadline, cases could sit open indefinitely, which isn’t fair to anyone involved. The two-year window is meant to strike a balance between giving injured people time to heal and pursue a claim, and giving the legal system a workable structure.
What Happens If You Miss the Deadline
This is the part I wish more people understood before it’s too late. If you file your lawsuit even one day after the statute of limitations expires, the at-fault party’s insurance company or attorney can ask the court to dismiss your case — and they almost always will. Once that happens, you generally lose your right to recover compensation permanently, no matter how clearly the other driver was at fault or how serious your injuries are.
I’ve had to deliver that news to people before, and it’s one of the hardest conversations in this job. It’s also completely avoidable.
Important Exceptions to Know About
The two-year rule isn’t the whole story. A few situations change the timeline:
Claims Involving Government Vehicles or Agencies
If your accident involved a city, county, or state government vehicle or employee, you don’t get the full two years to even get started. Indiana’s Tort Claims Act requires you to file a formal notice of claim within 180 days for city or county entities, and 270 days if a state agency is involved. Miss that shorter window, and you may lose your right to sue the government entity entirely — even though the general statute of limitations hasn’t run out yet.
Minors Injured in Car Accidents
If the injured person was under 18 at the time of the crash, the two-year clock generally doesn’t start running until their 18th birthday. That means a family often has significant time before the deadline becomes urgent — but it’s still worth documenting everything early while evidence is fresh.
Wrongful Death Claims
Families who lose a loved one in a crash generally have two years from the date of death to file a wrongful death claim. If the person survived the initial two-year window after the crash but later passed away from their injuries, Indiana law adds an additional 18 months from the date of death.
Legal Disability
If the injured person was legally deemed disabled at the time of the accident (for example, in a coma), the clock may not start until that disability status is lifted.
Why You Shouldn’t Wait Until the Deadline Is Close
Even though the law gives you two years, waiting is almost never in your best interest. Here’s why:
- Evidence disappears. Skid marks fade, vehicles get repaired or scrapped, and surveillance footage often gets overwritten within days or weeks.
- Witness memories fade. People forget details, move away, or become harder to locate the longer you wait.
- Investigation takes time. Identifying every at-fault party, gathering medical records, and building a full picture of your damages often takes months.
- Insurance companies play the clock. Adjusters know the deadline exists, and delay tactics work in their favor, not yours.
My advice has always been the same: talk to an attorney as soon as you’re able to after an accident, even if you’re not sure you want to pursue a claim yet. It costs you nothing to have that conversation, and it preserves your options.
Indiana Car Accident Statistics You Should Know
Understanding the scale of the problem in Indiana helps explain why this deadline matters to so many families every year.
- Indiana sees roughly 200,000+ traffic crashes annually, based on recent Indiana Criminal Justice Institute (ICJI) and Indiana University Public Policy Institute crash data — averaging well over 500 crashes a day statewide.
- Indiana recorded 964 motor vehicle fatalities in 2022, a rate of 14.1 deaths per 100,000 residents, the highest in over a decade at the time.
- Alcohol-impaired driving contributed to 146 traffic deaths in 2025, according to state crash data trends.
- Unrestrained occupants — people not wearing seat belts — accounted for 227 deaths in a recent year, underscoring how much basic seat belt use still matters.
- Roughly half of all fatal crashes in Indiana involve a single vehicle, while the other half involve multiple vehicles.
- Drivers aged 21–34 remain disproportionately represented in fatal crash statistics, often linked to inexperience and distraction.
- 59% of fatal crashes occur in urban areas, but rural roads and county routes tend to produce deadlier outcomes per crash due to higher speeds and longer emergency response times.
- Peak crash hours fall between 4 p.m. and 7:59 p.m. on weekdays, with Fridays showing elevated risk.
These numbers aren’t just statistics to me — they represent real families across Indianapolis, Fort Wayne, South Bend, Evansville, and every county in between who’ve walked into our office needing help.
What Damages Can You Recover in an Indiana Car Accident Claim?
If you’re injured in a crash caused by another driver’s negligence, Indiana law allows you to pursue compensation for:
- Medical bills, both past and future
- Lost wages and diminished future earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Property damage to your vehicle and other belongings
- Loss of companionship (in certain cases)
- Wrongful death damages for surviving family members
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Indiana? Generally two years from the date of the accident, under Indiana Code § 34-11-2-4.
Does the two-year clock start on the day of the crash or the day I found out about my injury? For most car accident claims, it starts on the date of the accident itself, not when symptoms appear or are diagnosed. This is different from some medical malpractice cases, which can involve a discovery rule.
What if the at-fault driver was a government employee? You’ll need to file a formal notice of claim much sooner — within 180 days for city or county entities, or 270 days for state agencies — even though the general lawsuit deadline is still two years.
Can I still file if my child was injured and it’s been more than two years? Possibly. The statute of limitations for a minor’s injury claim generally doesn’t begin until they turn 18, so the family may still have time.
What happens if I miss the statute of limitations? In almost all cases, your case will be dismissed if filed late, and you permanently lose your right to seek compensation through the courts.
Do I need to file a lawsuit, or can I just negotiate with the insurance company? Most car accident claims settle through insurance negotiation without ever going to court. But the statute of limitations still matters — it’s your leverage. If negotiations stall and the deadline passes without a lawsuit filed, you lose the ability to force the issue in court.
Is there a different deadline for property damage versus injury claims? No — in Indiana, both personal injury and property damage claims from a car accident generally fall under the same two-year statute of limitations.
Talk to a Lawyer Before the Clock Runs Out
I always tell people the same thing: you don’t have to have all the answers on day one. But you do need to protect your right to get them. If you or someone you love has been hurt in a car accident anywhere in Indiana, don’t wait until the deadline is closing in to get help.
Keller & Keller has been representing injured Hoosiers since 1936. We don’t get paid unless you do. Reach out for a free, no-obligation consultation, and let’s talk about what your next step should be.
