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: NO
MADE WHOLE DOCTRINE
Applies
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