Statute of Limitations for an Under Insured Motorist in Indiana

If the victim of a car accident in the state of Indiana suffers injuries that exceed the dollar amount of the defendant's insurance, then she may file a lawsuit to collect the difference. The lawsuit is subject to the state's statute of limitations.

Statute of Limitations

• A statute of limitations in a civil case is the period of time that the plaintiff, or victim, has to file the lawsuit. If the plaintiff fails to file the lawsuit within the statute of limitations, then she loses her opportunity to do so.

Indiana Insurance Requirements

• The state minimum insurance requirements in Indiana are $25,000 for injury to one person, $50,000 for all bodily injuries and $10,000 for property damage. What this means is that if the driver was only insured with the state minimum and the plaintiff suffered damages in excess of the insurance coverage the defendant had in place, the defendant is considered an under-insured motorist. The plaintiff will need to collect the difference from the defendant himself.

Indiana Statute of Limitations

• The Indiana statute of limitations for injury to a person or injury to the personal property of a person--such as the vehicle in a car accident--is two years.