What to Know About Personal Injury Laws in Indiana for 2025

Rachel N. Woloshin

Author: Rachel N. Woloshin

POST DATE: 1.27.25
Ccha  Personal Injury

Indiana’s personal injury laws are designed to provide fair compensation for individuals who suffer harm due to someone else’s negligence. However, understanding the complexities of these laws can feel overwhelming, especially in the aftermath of an accident. This guide covers the some common aspects of Indiana's personal injury system, including medical payment coverage (MedPay), the statute of limitations, medical bills and liens, and how health insurance factors into your claim.

1. Medical Payment Coverage (MedPay)

    Medical Payment Coverage, or MedPay, is an optional feature offered by auto insurance providers in Indiana. It ensures that medical expenses are covered regardless of who was at fault for an accident. MedPay typically provides coverage ranging from $1,000 to $25,000, depending on the terms of your policy. This coverage is particularly valuable because it kicks in immediately, covering costs such as doctor visits, surgeries, and ambulance fees, while liability is still being determined.

    One of the key advantages of MedPay is its ability to fill gaps that other forms of insurance may not cover. For instance, if you have a high-deductible health plan, MedPay can cover co-pays and out-of-pocket expenses. Additionally, MedPay usually extends coverage to passengers in your vehicle, a benefit that standard health insurance typically does not offer. Adding this coverage to your auto insurance policy can provide a financial safety net in the event of an accident.

    2. Understanding the Statute of Limitations

      The statute of limitations dictates how long you have to file a personal injury claim in Indiana. Generally, the law allows two years from the date of the incident to initiate a lawsuit. However, there are exceptions to this rule. Claims against government entities, for example, often require filing a notice within just 180 days.

      If the victim of an injury is a minor, the statute of limitations may be extended. In such cases, the two-year clock begins when the minor turns 18. Missing the statute of limitations can have consequences; courts typically dismiss cases filed late, leaving victims without legal recourse. Consulting a personal injury attorney as soon as possible after an injury ensures compliance with these deadlines and allows for a thorough investigation of your claim.

      3. Handling Medical Bills and Liens

        Medical bills can accumulate quickly after an accident, creating additional stress for victims already dealing with physical and emotional trauma. Typically, the at-fault party does not pay your medical bills directly to the providers, and often, it is not paid until the final resolution of your case. 

        The process of paying these bills can be complicated by the presence of liens. In Indiana, liens can include those from hospitals, health insurance, Medicaid, Medicare, Workers’ Compensation, and auto insurance (MedPay). Essentially, these liens allow the lienholder to be reimbursed from any settlement or judgment awarded to the injured party.

        To manage medical bills and liens effectively, it is crucial to understand the impact they may have on your personal injury claim. Working with an experienced personal injury attorney can help you negotiate liens and maximize your net recovery.

        4. The Role of Health Insurance in Personal Injury Cases

          Health insurance is a critical resource for covering medical expenses after an accident, but many people are unaware of its limitations. While insurance typically covers initial treatments such as surgeries and hospital stays, policyholders may still face deductibles, co-pays, or out-of-network charges. Additionally, insurance companies often exercise subrogation rights, demanding reimbursement for any expenses they covered once a settlement is reached.

          According to a 2024 survey by the National Association of Insurance Commissioners, 68% of Americans are unaware of subrogation provisions in their health insurance policies. Understanding the terms of your health insurance plan is vital to avoid surprises during the claims process. Reviewing your policy for exclusions related to accident injuries can also help clarify what costs will and will not be covered.

          5. Practical Steps to Take After an Accident

            The actions you take immediately following an accident can significantly impact your personal injury claim. First and foremost, document everything. Photographs of the accident scene, injuries, and property damage, as well as detailed records of medical treatments and expenses, can serve as crucial evidence. Some injuries, such as whiplash or concussions, may not present symptoms until days after the accident. It’s important to seek medical attention and document your symptoms in a timely manner.

            Avoid signing any documents or providing recorded statements to insurance adjusters without first consulting an attorney. Insurance companies often aim to minimize payouts, and agreeing to a settlement prematurely could leave you with unpaid bills or insufficient compensation. Additionally, limiting social media activity is advisable. Posts about your accident or recovery could be used to challenge your claim.

            Finally, consult a personal injury attorney as soon as possible. An experienced lawyer can help you navigate the legal process, negotiate with insurance companies, and ensure you receive fair compensation.

            Have a personal injury claim?

            Personal injury laws in Indiana are designed to protect your rights, but navigating them requires careful attention to detail and timely action. Whether you are dealing with MedPay, the statute of limitations, medical liens, or health insurance claims, understanding these elements can help you make informed decisions. If you or a loved one has been injured due to someone else’s negligence, seeking legal advice is the first step toward securing the compensation you deserve.

            For personalized guidance, contact CCHA Law today for a free consultation. Our experienced personal injury attorneys are here to help you every step of the way.