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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