Indiana Filing Deadlines
In Indiana you generally have two years from the crash to file an injury lawsuit. If a government vehicle was involved, a written notice is due much sooner: 180 days for a city or county, 270 days for the State.
Reviewed by Matthew T. Kavanagh, Indiana attorney, Bar No. 34393-49. Last reviewed October 9, 2026.
Each one is set by the Indiana Code section listed beside it.
| Situation | Deadline | Statute |
|---|---|---|
| Injury lawsuit against another driver | 2 years | IC 34-11-2-4 |
| Damage to your vehicle or other property | 2 years | IC 34-11-2-4 |
| Notice of a claim against a city, town, county or school district | 180 days | IC 34-13-3-8 |
| Notice of a claim against the State or a state agency | 270 days | IC 34-13-3-6 |
| Wrongful death lawsuit, filed by the personal representative | 2 years | IC 34-23-1-1 |
| Injured person under 18 | 2 years after turning 18 | IC 34-11-6-1 |
| Uninsured or underinsured motorist claim on your own policy | Set by your policy | No statute sets it |
General information about Indiana law, not legal advice about your situation. The exact deadline depends on the facts, and some situations shorten or extend it.
If a city truck, county plow, school bus or state vehicle caused the crash, the Indiana Tort Claims Act bars the claim unless a written notice is filed in time. For a political subdivision it is 180 days after the loss. For the State it is 270 days. That notice is in addition to the lawsuit, which is still subject to the two-year deadline.
Under IC 34-11-6-1, a person under a legal disability when the claim arises, which includes anyone under 18, has two years after the disability ends to file. Do not rely on that for a government claim. The Tort Claims Act has its own incapacity rule, so notice on a child’s claim against a government driver should go out right away.
Indiana’s wrongful death statute gives the personal representative two years to file. If no estate has been opened, that has to happen first, and it takes time.
Indiana’s uninsured and underinsured motorist statutes do not set a deadline. Your policy usually does, and it can require suit within a set number of years after the accident. If the other driver had no insurance, or not enough, read that clause early.
Negotiating does not extend the deadline. Filing suit is what meets it.
Generally two years. IC 34-11-2-4 requires an action for injury to a person or to personal property to be commenced within two years after the claim accrues, which for a crash injury is ordinarily the day of the crash. A claim against a government driver needs written notice first: 180 days for a city or county, 270 days for the State.
The Indiana Tort Claims Act bars the claim unless written notice is filed within 180 days for a political subdivision (IC 34-13-3-8) or 270 days for the State or a state agency (IC 34-13-3-6). The two-year deadline still applies to the lawsuit.
For an ordinary claim, yes: two years after the child turns 18 (IC 34-11-6-1). A government claim has its own rule, so give notice right away.
IC 34-23-1-1 requires the personal representative to commence the action within two years. An estate may need to be opened first, so talk to a lawyer early.
Not in the statute. Your policy usually sets one, often measured from the accident date. Read the legal action clause well before two years pass.
No. Negotiating does not extend the deadline. Filing the lawsuit is what meets it.
Tell us when and where the crash happened and who was involved, and we will tell you which deadline governs. The review is free. If you hire us, our fee is a flat 20%.
More: auto accidents, uninsured motorist, wrongful death, what injury lawyers charge.