Frequently Asked Question — filing a personal injury claim in Indiana after another driver ran a stop sign
Brief answer: If another driver ran a stop sign and hit your car, you can seek compensation for your injuries and property damage by making an insurance claim against the other driver’s liability policy and, if needed, filing a civil lawsuit. Act quickly: preserve evidence, get medical care, notify your insurer as required, and be aware of Indiana’s deadline for filing a lawsuit.
Detailed answer — how a personal injury claim typically works in Indiana
1. Legal theory: negligence
Most crash claims are based on negligence. To prove negligence you generally must show:
- Duty: the other driver owed you a duty to drive reasonably and obey traffic laws.
- Breach: the driver breached that duty (running a stop sign is typically a breach of the duty to follow traffic laws).
- Causation: the breach caused the collision and your injuries.
- Damages: you suffered actual harm (medical bills, lost wages, pain and suffering, property damage).
2. Immediate practical steps after the crash
- Call 911 and request law enforcement and medical help. An official crash report is vital evidence.
- Seek medical attention right away, even if you think your injuries are minor. Some injuries show up later. Medical records link your injuries to the crash.
- Document the scene: take photos of vehicles, skid marks, stop sign location, traffic signals, damage, visible injuries, and the other driver’s license/insurance details.
- Get contact information for witnesses and the responding officer and record the crash report number.
- Preserve evidence: keep repair estimates, medical bills, receipts, a photo timeline of injuries, and any correspondence with the other driver or insurers.
3. Insurance claims
Indiana is an at-fault state for car crashes. File a claim with the at-fault driver’s liability insurance company. The insurer should investigate and either offer a settlement or deny the claim.
Do not give a recorded statement or accept the first settlement offer without understanding the full scope of your damages. Early offers often do not cover future medical care or lost earnings.
4. When and how to file a lawsuit
If the insurance company denies the claim or the settlement offer is insufficient, you can file a civil lawsuit in state court. The lawsuit asks a judge (or jury) to award damages for medical costs, property damage, lost wages, pain and suffering, and other losses.
Important deadline: Indiana generally requires you to bring a personal-injury action within two years of the date of the injury. See Indiana Code § 34-11-2-4 for the applicable limitations period: https://iga.in.gov/laws/2024/ic/titles/34/articles/11/chapter/2/section/4. Missing this deadline typically prevents you from suing.
5. Fault, comparative negligence, and damages
Indiana reduces recoverable damages by the plaintiff’s percentage of fault. If the factfinder finds you partially responsible, your award is reduced proportionally. Keep detailed records that show how the other driver’s conduct (running the stop sign) caused the crash.
6. Uninsured or underinsured motorists
If the at-fault driver lacks insurance or has inadequate limits, your own uninsured/underinsured motorist (UM/UIM) coverage may cover your injuries if you purchased it. Check your policy and notify your insurer promptly.
7. Where to file in Indiana
Depending on the size of your claim, you may file in small claims court (for smaller sums) or in county/superior court for larger cases. An attorney can advise which court and venue are appropriate.
8. How an attorney can help
An attorney can:
- investigate fault and gather evidence (police reports, witness statements, traffic camera footage, vehicle damage analysis);
- value current and future medical needs and lost earnings;
- negotiate with insurers and advise whether a settlement is fair;
- file and prosecute a lawsuit if necessary and represent you at trial if a settlement cannot be reached.
9. Typical timeline
Every case differs. Insurance investigations usually start immediately but can take weeks to months. If negotiations fail, litigation adds months to years, depending on complexity and court schedules.
10. Costs and fee arrangements
Many personal injury attorneys in Indiana work on a contingency-fee basis (they are paid a percentage of any recovery). Ask about fees, expenses, and whether you must repay costs if there’s no recovery.
Checklist — what to collect and keep
- Police crash report number and contact information for the reporting officer.
- Photos of the scene, vehicles, skid marks, and injuries.
- Other driver’s name, license plate, contact, and insurance information.
- Witness contact details and written statements if possible.
- All medical records, bills, and treatment notes.
- Pay stubs and documentation of lost wages.
- Vehicle repair estimates and receipts.
Disclaimer: This article provides general information about Indiana law and common steps people take after a traffic crash. It is not legal advice, does not create an attorney–client relationship, and does not cover every possible legal situation. For advice tailored to your case, consult a licensed Indiana attorney.
Helpful Hints
- Prioritize safety and medical care at the scene. Health comes first — medical records are also key evidence.
- Call the police and get a formal crash report whenever possible.
- Take lots of photos immediately — damage and road conditions change quickly.
- Tell your insurer about the crash, but avoid detailed or recorded statements to the other party’s insurer without legal advice.
- Don’t sign release forms or accept a final settlement until you know the full extent of your injuries and future care needs.
- Check your own policy for UM/UIM coverage if the other driver lacks enough insurance.
- Keep a daily log of symptoms, pain levels, medications, and treatment appointments — this supports non-economic damages like pain and suffering.
- Note the crash date and calendar deadlines — Indiana’s statute of limitations for personal injury is short (generally two years).
- Talk to an attorney early if you have serious injuries, disputed liability, permanent impairment, or complex damages.
- Save copies of every document and correspondence related to the crash and your claim.