Last reviewed: October 27, 2026 by Donald Poynter, Indiana attorney since 1996. We’ll update this page when the 2027 Indiana General Assembly session ends. New laws usually take effect July 1.
Quick answer
Going into 2027, Indiana car crash law looks like this. You generally have 2 years to file an injury lawsuit. You can recover if you’re 50% or less at fault, reduced by your share. Claims against a city or county need written notice within 180 days (270 days for the State). Drivers must carry at least 25/50/25 liability coverage. The big 2026 tort reform bill (HB 1417) died, so none of its proposed damage caps are law, but similar proposals are expected in 2027.
The rules at a glance
| Topic | Rule going into 2027 | Source |
|---|---|---|
| Deadline to sue (injury) | Generally 2 years from the crash | IC 34-11-2-4 |
| Deadline (wrongful death) | Generally 2 years from death, brought by the personal representative | IC 34-23-1-1 |
| Fault | Modified comparative fault; barred if more than 50% at fault | IC 34-51-2-6 |
| Government claims | Written notice: 180 days (city/county/school), 270 days (State); damages caps apply | IC 34-13-3-8, -6; caps: IC 34-13-3-4 |
| Insurance minimums | $25,000 per person / $50,000 per crash injury; $25,000 property | IC 9-25-4-5 |
| UM/UIM | Must be offered; rejection must be in writing | IC 27-7-5-2 |
| Seat belts | For crashes after 6/30/2024, nonuse (age 15+) can be used to argue reduced damages; not fault | IC 9-19-10-7 |
| Duties at the scene | Stop, exchange info, show license; aid and notify police if injury or death | IC 9-26-1-1.1 |
| Police investigation | Required for injury, death or at least $2,500 property damage | IC 9-26-2-1 |
| Crash reports | Not confidential; most available via BuyCrash | IC 9-26-2-3 |
| Phones | Hands-free only while driving (since 7/1/2020) | IC 9-21-8-59 |
| Move Over | Change lanes, or slow 10 mph under the limit, for stopped emergency, recovery, utility or disabled vehicles with flashing lights | IC 9-21-8-35 |
| School buses | Stop for an extended stop arm from either direction unless divided by a median/barrier | IC 9-21-12-1, -3 |
| Records (bodycam/911) | Since 7/1/2026, agencies may deny public records requests that duplicate discovery in pending litigation, so request early | IC 5-14-3-4(e) (HEA 1360) |
What could change in 2027
In 2026, HB 1417 proposed a $1 million cap on noneconomic damages, limits on rideshare passenger suits and premises claims, and a much higher fee-shifting cap under the qualified settlement offer statute. It died in the Senate. The author has called tort reform a multi-year effort, so watch for:
- A noneconomic (pain and suffering) damages cap
- Changes to the qualified settlement offer statute (IC 34-50-1-6)
- Rideshare (Uber/Lyft) liability changes
- “Phantom damages” / medical bill evidence changes
We’ll list each 2027 bill that passes, its effective date, and what it means for crash victims here.
Related guides: How to get your Indiana crash report · Indiana injury FAQ · Car accident lawyer
Frequently asked questions
Is Indiana a no-fault state in 2027?
No. Indiana is an at-fault state, and nothing pending changes that as of October 2026.
Did Indiana cap pain and suffering damages?
Not as of October 2026. The 2026 proposal died. (Caps do exist for claims against the government, medical malpractice and punitive damages.)
When do new Indiana laws take effect?
Usually July 1 of the year they pass, but each bill sets its own date.
Sources
- IC 34-11-2-4 Two-year limit for injury to person or personal property.
- IC 34-23-1-1 Wrongful death action by the personal representative within 2 years.
- IC 34-51-2-6 Claimant barred if their fault is greater than the fault of all others.
- IC 34-13-3-8 180-day notice for claims against political subdivisions.
- IC 34-13-3-6 270-day notice for claims against the State.
- IC 34-13-3-4 Damages limits on claims against governmental entities.
- IC 9-25-4-5 Minimum auto liability coverage amounts.
- IC 27-7-5-2 Uninsured/underinsured motorist coverage must be offered; rejection in writing.
- IC 9-19-10-7 Seat belt nonuse evidence (amended 2024).
- IC 9-26-1-1.1 Driver duties after a crash.
- IC 9-26-2-1 to -3 Police investigation threshold ($2,500), reports to the State Police, and reports not confidential.
- IC 9-21-8-59 Hands-free rule for phones while driving.
- IC 9-21-8-35 Move Over / slow down for stationary vehicles with flashing lights.
- IC 9-21-12-1 Stopping for a school bus with its stop arm extended.
- IC 5-14-3-4 Public records exceptions, including the litigation-discovery provision added by HEA 1360 (2026).
- IC 34-50-1-6 Qualified settlement offer fee-shifting statute.
- Indiana General Assembly, HB 1417 (2026) Bill history: last action was a Senate committee report on 2/19/2026; it did not pass before the 2026 session ended.
Indiana Code links open the Justia mirror of the Indiana Code or the official chapter PDF from the Indiana General Assembly.
General information, not legal advice. Prior results do not guarantee a similar outcome. Responsible attorney: Donald Poynter, Poynter & Bucheri, LLC, 4202 Madison Ave, Indianapolis, IN 46227, (317) 780-8000.