The Indiana Tort Claims Act: Why a Government-Involved Crash Gives You Half the Time to Act

November 5, 2026

• In most cases, you have two years to file a claim after a car accident. But that time can be halved or quartered when you are in a government-involved crash.
• In that scenario, you may have 180 or 270 days to file a notice of claim, and that means a shortened time to determine liability and make sure that you are handling your claim process correctly.
• Working with an Indiana car accident lawyer who knows the law, keeps you on time, and isn’t afraid to stand up to the government is the best way to manage your claim and get the financial recovery you deserve.

As soon as you are in a car accident in Indiana, a clock starts ticking. It might seem unfair to deal with when you’re recuperating and putting your life back together, but it’s the harsh truth. You only have a limited amount of time to file a claim before you lose any chance to get financial recovery. In the vast majority of cases, that time is two years.

But when you are in a government-involved crash in Indiana? That time is slashed. The time to start your claim process may be reduced to as little as 180 days.

That might seem like a lot of time. But it isn’t. There are a lot of complications to a case that can push you toward and even past the deadline. That’s why it is so important to talk to a local Indiana car accident lawyer who will keep you on track and on your way to getting the recovery you need.

Understanding the Indiana Tort Claims Act

You’ve been in an accident. It could be anywhere in Indiana. You have medical bills to pay. You might have a long hospital stay, and maybe lengthy rehab. You have to figure out when and if you can work. Arrange transportation. Organize your life.

In most cases, the law is on your side. But if you are in a government-involved crash, the law seems to close in quickly. This specific law is IC 34-13-3-6, legislating how you bring claims against government entities.

The first step is different from filing a claim. What you do is file a Notice of Tort Claims with the government entity in question. This is NOT FILING A LAWSUIT.

 Instead, you are letting the government know that you intend to file a claim. Your written notice has to include:

• The name of every claimant
• The circumstances of the accident
• The time and place the accident occurred
• A description of your injuries

This gives the government a chance to respond. It might decide to settle, making you an offer. It might decide that it wants to fight your claim, in which case you will need to go to court. That is when you would actually file a claim.

So How Long Do You Have?

There are two different time frames for governmental agencies.

• Claims against a city/municipal entity: 180 days
• Claims against the state government or INDOT: 270 days

At best, you have about half the time. At worst, it is approximately 25%.

Six months might seem like a lot of time. But there can be complications.

Why You Need to Move Fast to Determine Liability

There are many times when it is very clear that a government entity is responsible for the crash, or at least partly responsible. If you are injured by or on a municipal bus, that’s pretty obvious. But it isn’t always that clear.

Indiana can have multiple parties with liability in a crash. For example, if you are in a crash on Indianapolis International Airport property, the Indianapolis Airport Authority could share blame. The other driver might be at fault as well, but if, say, the garage was poorly maintained, then a government entity might be partly responsible.

There are other cases. An accident in a construction zone could implicate the other driver, the contractor in charge of the road, and, ultimately, the city or state responsible for the project.

If you are a pedestrian hit by a car (a type of accident which is on the rise), the driver who hit you is probably at fault. But if the lights weren’t working, or the pedestrian path was poorly marked, then the city might be liable as well.

This is where it gets complex. There could be many parties that share liability. But if you think, well, I have two years to file a claim, you could miss out on holding the government responsible.

This is where working with an Indiana personal injury lawyer can help you. Your lawyer (who may also be a bicycle and pedestrian accident lawyer) can suss out multiple liable parties.

Your lawyer will know all the filing deadlines and how to file correctly. Your lawyer will work with you to make sure you don’t miss anything and that all the paperwork is in the right order.

It’s your life, and the state won’t give you a mulligan. Work with someone who will take care of you at every step of the way.

Reach Out to Our Knowledgeable Indiana Car Accident Attorneys

It’s not easy going against the government. You want to work with a team the isn’t afraid. The Indiana car accident lawyers who will stand up for you against any opponent are at Hensley Legal Group, PC, a dedicated Indiana personal injury law firm whose experienced attorneys have been fighting on behalf of the wrongfully injured since 1998.

Simply call us at (317) 472-3333, chat with us online, or fill out our contact form now for a free consultation with a knowledgeable Indiana car accident attorney.