Indiana

STATUTE OF LIMITATIONS

Personal Property: 2 Years

Personal Injury: 2 Years

Breach of Contract (Written): 10 Years

Breach of Contract (Oral): 6 Years

Statute of Repose (Real Property): 10 or 12 Years

Statute of Repose (Products): 10 Years

Breach of Warranty: 4 Years

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

Claims against Municipalities require notice within 180 days
Claims against the State requires notice within 270 days

PIP/MED PAY SUBROGATION

PIP: NO
MED PAY: YES (as a lien on third party settlement)

CONTRIBUTORY NEGLIGENCE

Modified Comparative – 51%
Plaintiff cannot recover if 51% or more at fault (if found to be 50% at fault, plaintiff can recover)

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability:
-$5,000.00 for Property Damage or Personal Injury
-Unlimited for Auto Liability

Liable when child under 18 causes intentional, knowing or reckless harm or damage to a person or property

Person verifying driver’s license is liable

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

There is generally no requirement for filing a certificate or affidavit of merit for claims against professionals

JOINT AND SEVERAL LIABILITY

Several Liability
-Exception for medical malpractice

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: YES

MADE WHOLE DOCTRINE

Applies

DEDUCTIBLE REIMBURSEMENT

Pro-Rata

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.