No. Indiana is not a no-fault state. It is an at-fault state. That means the driver who caused the crash, and their insurance company, pays for your injuries and damage. You can file a claim with their insurer or sue them in court.
What does at-fault mean in Indiana?
In an at-fault state, the person who caused the crash is responsible for the harm. In a no-fault state, each driver first turns to their own insurance, no matter who caused it. Indiana uses the at-fault system, which the insurance world calls a “tort” system.
So after an Indiana crash, you usually make a claim against the other driver’s liability insurance. You do not need to reach a certain level of injury first, like some no-fault states require.
No-fault vs. at-fault: how they compare
| Indiana (at-fault) | No-fault states | |
|---|---|---|
| Who pays first? | The driver who caused the crash and their insurer | Your own insurance (PIP) |
| Can you sue the other driver? | Yes | Only in certain cases set by state law |
| Does your own fault matter? | Yes. Over 50% at fault means no recovery | Less so for PIP |
This table is a general summary. No-fault rules vary from state to state.
What if I was partly at fault?
Indiana uses a rule called modified comparative fault. If you were partly at fault, your money is cut by your share (IC 34-51-2-5). If you were more than 50% at fault, you get nothing (IC 34-51-2-6). Different, stricter rules apply when the other side is a government driver or agency (IC 34-51-2-2).
Example: your losses are $10,000 and you were 20% at fault. You could recover up to $8,000.
What insurance must Indiana drivers carry?
Indiana drivers must carry liability insurance of at least $25,000 per person and $50,000 per crash for injuries, and $25,000 for property damage (IC 9-25-4-5). Insurers must also offer uninsured and underinsured motorist coverage. It can be turned down only in writing (IC 27-7-5-2). Learn more about uninsured motorist claims in Indiana.
Steps to take after a crash in an at-fault state
- Call 911 and get medical care.
- Take photos of the cars, the scene and your injuries.
- Get the other driver’s name, plate and insurance.
- Get the crash report.
- Tell your own insurer about the crash.
- Be careful what you say to the other driver’s insurer. Do not guess about fault.
- Talk to a lawyer before you sign anything.
Checklist: what to keep
- ☐ Crash report number
- ☐ Photos and video
- ☐ Witness names and phone numbers
- ☐ Other driver’s insurance card
- ☐ Doctor visit records
- ☐ Repair estimates
- ☐ Missed work days
- ☐ Letters from any insurance company
How long do I have to file?
In most Indiana injury cases you have two years from the crash to file a lawsuit (IC 34-11-2-4). Claims against a city, county or the State need written notice much sooner: 180 days for local government and 270 days for the State (IC 34-13-3-8, IC 34-13-3-6). See our car accident page for more.
Watch: Is Indiana a no-fault state?
Talk to a lawyer
Poynter & Bucheri is an Indianapolis law firm that has helped Indiana accident victims since 1996. Free consultations. Se habla español. Call (317) 780-8000 or send us a message.
Frequently asked questions
Is Indiana a no-fault state?
No. Indiana is an at-fault state. The driver who caused the crash, and their insurer, pays for the harm.
Do I need PIP insurance in Indiana?
No. Indiana is a tort (at-fault) state and does not require personal injury protection (PIP) like no-fault states do.
Can I sue the other driver after an Indiana crash?
Yes. Because Indiana is an at-fault state, you can file a claim with their insurer or sue them in court. Most cases must be filed within two years (IC 34-11-2-4).
What if both drivers were at fault?
Your recovery is cut by your share of fault (IC 34-51-2-5). If you were more than 50% at fault, you recover nothing (IC 34-51-2-6). Stricter rules apply to claims against a government entity.
What if the at-fault driver has no insurance?
Your own uninsured motorist coverage may pay, unless it was turned down in writing (IC 27-7-5-2).
Sources
- IC 34-51-2-2, -5, -6: comparative fault
- IC 9-25-4-5: minimum financial responsibility
- IC 27-7-5: uninsured and underinsured motorist coverage
- IC 34-11-2-4: two-year limitation period
- IC 34-13-3-6, -8: tort claim notice
Indiana Code citations are to the 2026 Indiana Code published by the Indiana General Assembly (iga.in.gov).
General information only—not legal advice. Laws change and every case is different; deadlines can be shorter in some situations. Prior results do not guarantee a similar outcome.