Statute of Limitations on Auto Accidents: The Time Limit on Filing a Claim
In 2019, there were approximately 50,000 people who were injured in auto accidents in the State of Indiana alone. The likelihood of being in an accident after driving for a lifetime is very high. If you are injured in an auto accident, it is imperative that you understand the deadlines for filing and pursuing a legal claim.
According to Indiana Code § 34-11-2-4, a claimant has two years from the date of their accident to file a legal claim or settle the matter outside of the courtroom. Failing to file within the two-year deadline could be fatal to your claim and bar any potential recovery. In the context of an auto accident, the clock starts ticking from the date of the accident for any person injured in the accident or who sustained any injury to their property (i.e., a vehicle, bike, etc.). However, there are exceptions to this stringent rule. For example, the clock starts ticking on the two-year deadline for a minor under the age of 18 at the start of their 18th birthday.
Should you attempt to file a claim after the deadline, the defendant will point out the passage of time in a motion to dismiss. Although there are some rare exceptions that will extend the deadline, an Indiana Court will likely grant the dismissal after the two years have run.
Why have a Statute of Limitations for personal injury matters?
Almost all claims are subject to some sort of Statute of Limitations. This serves to benefit both the plaintiff and the defendant. On one hand, there needs to be adequate time to file for potential plaintiffs where injuries go unnoticed immediately following the accident. On the other hand, we don’t want potential defendants to be haunted by their actions for an exorbitant amount of time. The two-year period serves both functions by giving sufficient time for potential plaintiffs’ injuries to arise, while setting a deadline to relieve potential defendants.
Should you or a loved one face possible statute of limitations on any matter, it is essential that you hire an experience defense attorney. The attorneys are Banks & Brower, LLC can absolutely help you through this often-cumbersome situation. Give us a call 24/7/365 at 317.526.4630 or email us at email@example.com.