Indiana Government Vehicle Crashes & Public Entity Claims

Identify the public entity immediately

Determine whether the vehicle/employee belongs to the State or a political subdivision and identify the correct notice recipient. The Indiana Tort Claims Act contains immunities, notice requirements and limits that differ materially from ordinary private litigation.

State tort-claim notice is generally due within 270 days

IC 34-13-3-6 generally requires notice of a tort claim against the State within 270 days after the loss. Do not assume that a crash report, insurer contact or agency investigation satisfies the statutory notice requirement.

Political-subdivision notice is generally due within 180 days

IC 34-13-3-8 generally requires notice of a claim against a political subdivision within 180 days after the loss. This shorter period should be calendared immediately when a city, county, school, transit or other local governmental defendant may be involved.

Indiana caps covered governmental tort damages

For causes accruing after January 1, 2008, IC 34-13-3-4 generally caps liability at $700,000 for injury/death to one person and $5,000,000 aggregate for injury/death to all persons in one occurrence; punitive damages are barred. Separate immunity analysis remains necessary.

PUBLIC-INTEREST LEGAL EDUCATION

VictimsGuide does not provide legal services or create an attorney-client relationship. Insurance requirements, deadlines, remedies and controlling authority can change. Verify current primary authority, policy language and the law applicable to the particular event before legal reliance.