What is the statute of limitations on a car accident claim in Indiana? In most cases, the state gives you two years to seek compensation for your losses after a collision. However, some exceptions can change the available time.
A car accident lawyer in Indiana can help you track the specific deadline for your claim. Our team at Vaughan & Vaughan has the experience and legal knowledge to help with your claim. Find out more by calling or filling out our online contact form.
How Long After a Car Accident do You Have to File a Claim in Indiana?
In Indiana, you generally have two years to file a property damage or injury claim after a car accident before the statute of limitations expires. However, some exceptions can impact the time limit on your case. These exceptions include:
Claims Against a Government Agency
For claims against a city, county, or other government agency in Indiana, you have 180 days to provide notice of your intent to pursue a claim. You then have two years from the date of denial of your claim or the date of the accident to file a lawsuit.
Claims Involving an Injury to a Minor
Minors injured in Indiana car accidents have up to two years after they turn 18 years old to file a claim. Therefore, they could have far more than two years to proceed with a case.
Claims Involving a Fatal Accident
In wrongful death claims, the estate generally has two years from the date of death to file the lawsuit. Therefore, you may have more than two years from the time of the accident to seek compensation with a car accident attorney.
Claims Involving Fraud or Issues with the Defendant
The statute of limitations can be paused or “tolled” under certain circumstances, such as if the defendant leaves Indiana or fraud is involved. But in most straightforward car accident and injury cases, you have a two-year window to pursue a lawsuit.
When Should You Contact a Lawyer After a Car Accident?
It is best to contact a car accident attorney as soon as possible after an accident. Even though you have up to two years to file the actual lawsuit, evidence and witnesses can disappear over time, and insurance companies are more willing to negotiate settlements earlier.
An attorney can advise you on the details of your case and help make sure you pursue the claims process properly under Indiana law. Your lawyer can also assess the specific statute of limitations for your case, ensuring you don’t miss important legal deadlines.
What Happens After the Indiana Statute of Limitations Expires?
Generally, if you wait too long to file a claim after a car wreck in Indiana, the statute of limitations expires. Once the statute runs out, the court can and will dismiss your legal claim for compensation, preventing you from getting damages to cover your losses.
Therefore, we recommend moving quickly to begin the legal process after a head-on, rear-end, or side-impact collision. You can get the ball rolling immediately after a wreck by contacting the police and an Indiana car accident lawyer.
What Other Steps Should You Take After a Wreck?
In addition to securing legal help following a car accident in Indiana, we recommend that you visit a medical professional to receive care for any injuries caused by your accident. Car wrecks in Indiana can result in the following:
- Traumatic brain injuries (TBIs)
- Spinal cord and neck injuries (including whiplash)
- Broken bones and soft tissue injuries
- Internal injuries
- Cuts and burns
Getting treatment quickly allows you to get on the road to recovery. Securing prompt medical care also makes it easier to show that the accident caused your injuries, strengthening your legal claim for compensation.
How do You File an Indiana Car Accident Claim?
You can work with an Indiana car accident lawyer to file a claim before the statute of limitations expires for your case. Our team can file the legal paperwork to begin your claim with the insurance company or through the court system.
It takes time to resolve Indiana car accident claims. You may expect to spend several months negotiating with insurance agents if you want to settle your claim. Filing a lawsuit can mean going to court and an increase in the time it takes to resolve your legal situation.
Hiring a personal injury lawyer immediately after a collision can ensure your case proceeds in a timely manner while helping you avoid issues with the Indiana statute of limitations.
How Long do You Have to Wait to Hire a Car Accident Lawyer?
You don’t have to wait to speak to a car accident attorney in Indiana after a wreck. You can contact our law firm at the scene of your accident for prompt legal advice and guidance about your next steps.
Getting help right away allows your attorney to visit the scene of your accident before evidence disappears. Your lawyer can also speak to witnesses before they forget what happened and handle insurance agents from the beginning, giving you more time and space to recover.
We offer a free initial consultation to clients injured in car wrecks in Indiana. You can discuss your situation and the next steps to take by contacting us today for personalized assistance.
Learn More About Indiana’s Car Accident Statute of Limitations
What is the statute of limitations on a car accident in Indiana? Generally, Indiana gives you two years to proceed with your claim, though you may face exceptions. You can learn more about the time limit for your case with a car accident lawyer from Vaughan & Vaughan.
Begin the legal process now by calling or filling out our online contact form.