Car accident injury claims in Indiana
In Indiana, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in Indiana.
Indiana at a glance
- Fault rule
- Modified comparative — 51% bar
- No-fault state?
- No
- Minimum liability coverage
- 25/50/25 (Ind. Code § 9-25-4-5); UM mandatorily included at 25/50; UIM mandatorily offered ($50,000 BI single-limit minimum per IDOI); written rejection required to decline or reduce UM/UIM
- Time limit for an injury claim
- 2 years
You can recover only if you were 50% or less at fault; your award is reduced by your share.
This is an at-fault (“tort”) state — the at-fault driver's insurer is responsible for injury damages.
Generally measured from the date of the accident.
How fault works in Indiana
Ind. Code § 34-51-2-6 (Indiana Comparative Fault Act) — modified comparative negligence with a >50% bar: a plaintiff more than 50% at fault recovers $0; a plaintiff at exactly 50% recovers 50%; below 50%, recovery is reduced by the plaintiff's fault. Indiana joins the FL/TX/MI/PA/NJ/NV/CT ">50% bar" cluster (distinct from the GA/OH/IL/MA/CO/UT "not greater than 50%" cluster). Indiana uses several liability for most defendants under § 34-51-2.
Paying for injuries in Indiana
Indiana is a pure at-fault state — no statutory PIP / no-fault was ever enacted. Ind. Code § 9-25-4-5 mandates 25/50/25 liability; MedPay is optional first-party medical-payments coverage; UM/UIM is mandatory under § 27-7-5. There is NO tort threshold — noneconomic damages are recoverable from the first accident subject only to the modified comparative 51% bar. First-party medical flows through optional MedPay or the claimant's health insurer (subject to subrogation/lien), with recovery sought from the at-fault driver's BI coverage.
How Moe handles injury claims in Indiana
Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Indiana’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.
Indiana injury claims — common questions
- Is Indiana a no-fault state?
- No. Indiana is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
- What is Indiana's fault rule for a car accident?
- Indiana follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.
- How long do I have to file an injury claim in Indiana?
- In Indiana the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.
Learn more
Sources
This page summarizes Indiana’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.