Yes, as a passenger injured in a car accident in Indiana, you have the right to sue for your injuries. Because Indiana is an at-fault state, the person or parties who caused the crash are responsible for the damages, including those suffered by passengers. This means you may file a claim against the driver of the car you were in, the driver of another vehicle, or even multiple parties if they share blame.
The process may seem complicated, especially when a friend or family member was driving. You might also have questions about specific Indiana laws, like the Guest Statute, or wonder how insurance policies work in this situation. These are valid concerns, but they should not prevent you from getting the financial support you need to recover.
The claim is typically made against the at-fault driver’s insurance policy, not their personal assets. The goal is to secure compensation to cover your medical bills, lost income, and other losses.
If you have questions about your situation as an injured passenger, we are here to provide clarity. Call Yosha Law today for a no-cost consultation at (317) 648-7319.
Key Takeaways for Passenger Injury Claims in Indiana
- You have the right to sue the at-fault party, even if it’s your driver. Indiana is an at-fault state, and passengers can file a claim against whoever caused the crash. That includes your own driver, another driver, or both.
- The Indiana Guest Statute rarely blocks claims. It only applies in limited situations (like unpaid family rides) and doesn’t protect drivers who were reckless or intoxicated.
- You typically have two years to file a claim. But if a government entity is involved, the deadline could be as short as 180 days. Early legal help ensures key evidence is preserved.
Who Is Responsible for a Passenger’s Injuries After a Crash?
As a passenger, you are in a unique position because you are almost never at fault. Therefore, your claim for compensation will typically be directed at one or more of the following parties:
- The Driver of the Car You Were In: If your driver’s actions—such as speeding, distracted driving, or running a red light—caused the accident, their auto insurance policy is the primary source for compensation.
- The Driver of Another Vehicle: If the driver of another car, truck, or motorcycle was responsible for the collision, you would file a claim against their liability insurance in car accident cases.
- Multiple Drivers: Indiana law allows for fault to be shared. If both your driver and another driver contributed to the crash, you may file claims against both of their insurance policies. For example, if one driver made an illegal turn while the other was speeding.
- A Third Party: Sometimes, neither driver is at fault. The cause might be a defective vehicle part, a poorly maintained road, or a government entity’s failure to place proper signage. In these cases, a claim is brought against a manufacturer or municipality. Note that claims against government entities in Indiana have a much shorter deadline, sometimes just 180 days.
What if the At-Fault Driver Is a Friend or Family Member?
The most difficult emotional hurdle for many injured passengers is the thought of suing a friend or loved one who was driving.
In this context, “suing” does not mean taking money from your friend’s pocket or forcing them into financial ruin. Instead, you are making a claim against their automobile insurance—a policy they pay for precisely for situations like this.
Imagine your medical bills are paid, your lost wages are recovered, and your relationships are preserved. This is the goal. By filing an insurance claim, you are asking a corporation to honor the contract it has with the driver. Indiana law requires all drivers to carry liability insurance with minimums of $25,000 per person and $50,000 per accident for bodily injury. This coverage exists to protect everyone involved, including passengers.
Do not let a personal relationship stop you from getting the compensation you need. A conversation with a personal injury attorney helps you understand how to handle the situation delicately. We handle the communication with the insurance companies, preserving your personal relationships while pursuing the financial support you need.
Does the “Indiana Guest Statute” Prevent Me From Suing My Driver?
Indiana has a law called the Guest Statute, which sometimes limits a passenger’s ability to sue the driver of the vehicle they are in. However, this law is very specific and does not apply to most accident scenarios.
The statute primarily applies to family members being transported without payment (e.g., a parent, spouse, child, stepchild, or sibling) and hitchhikers.
Even if you fall into one of those categories, the statute does not protect the driver if their actions amounted to “willful or wanton misconduct.”
This is more than simple carelessness, or negligence. It’s a legal concept that means the driver acted with a conscious and intentional disregard for the safety of others.
Examples of this behavior include:
- Driving at extremely high speeds in a residential area.
- Knowingly driving a car with faulty brakes.
- Street racing or engaging in other reckless stunts.
- Driving while significantly intoxicated.
Because of this exception, the Guest Statute rarely prevents a legitimate injury claim. We analyze the details of your accident to determine if the driver’s behavior meets this standard.
What Compensation Is Available for an Injured Passenger?
When you are injured as a passenger, the goal of a legal claim is to recover compensation, legally known as “damages,” for all the ways the accident has affected your life. This goes far beyond just the initial hospital bill.
- Medical Expenses: This includes everything from the initial ambulance ride and emergency room visit to ongoing physical therapy, future surgeries, prescription medications, and any necessary medical devices.
- Lost Wages: If your injuries prevent you from working, you recover the income you have lost. This recovery includes your hourly wage or salary, as well as lost bonuses, commissions, or promotions.
- Loss of Future Earning Capacity: If your injuries are permanent and will limit your ability to work or force you into a lower-paying job, compensation is available for this future financial loss.
- Pain and Suffering: This compensates you for the physical pain, emotional distress, and mental anguish caused by the accident and your injuries. While no amount of money can erase this, it is a way the law acknowledges your suffering.
- Other Damages: Depending on the specifics of your case, you might also recover costs for things like home modifications if you have a new disability, or for permanent scarring and disfigurement.
An attorney helps you document the full extent of your losses to build a strong case for maximum compensation.
Could I Be Found Partially at Fault as a Passenger?
It is very rare for a passenger to be found at fault for a car accident. However, it is possible under Indiana’s comparative fault system.
Indiana follows what is called the “51% Rule.” This means you only recover damages if you are found to be 50% or less at fault for your injuries. If you are assigned any percentage of fault (from 1% to 50%), your final compensation award is reduced by that same percentage. If you are found 51% or more at fault, you recover nothing.
Here are some concrete examples of when a passenger might share fault:
- Interfering with the driver: Grabbing the steering wheel or otherwise physically distracting the driver.
- Encouraging reckless behavior: Urging the driver to speed or race another car.
- Knowingly riding with an impaired driver: Getting into a car with a driver you know is intoxicated could potentially lead an insurance company to argue you share some responsibility for your own injuries.
- Not wearing a seatbelt: While not wearing a seatbelt doesn’t cause the crash, it worsens your injuries. An insurance company may argue to reduce your compensation because of it. Unrestrained passenger fatalities remain a serious concern in Indiana.
Insurance companies will conduct a thorough investigation to look for any reason to reduce the value of your claim. Our role is to protect you from unfair blame and ensure no fault is unjustly assigned to you.
How Long Do I Have to File a Passenger Injury Claim in Indiana?
In Indiana, the time limit for filing a personal injury lawsuit, known as the statute of limitations in car accident case, is two years from the date of the accident.
This two-year clock is governed by Indiana Code § 34-11-2-4. If you do not settle your claim or file a lawsuit in court within this two-year window, you lose your right to pursue compensation forever.
While two years might seem like a long time, it passes quickly when you are focused on medical treatments and recovery. Building a strong case requires gathering evidence, interviewing witnesses, and negotiating with insurance companies, all of which takes time.
An important exception applies if your claim is against a city, county, or state government entity (for example, due to a poorly maintained road or a crash with a city bus): you must file a formal “tort claim notice” within 180 days of the accident.
Because of these strict deadlines, speaking with an car accident attorney promptly allows for a proper investigation while evidence is still fresh.
Frequently Asked Questions About Passenger Injury Claims
Do I need to use my own health insurance to pay medical bills first?
Yes, you should use your health insurance for your initial medical treatment. Your health plan will cover the immediate costs. A personal injury settlement is then used to reimburse your health insurer and cover any co-pays, deductibles, or other out-of-pocket expenses.
Can I still file a claim if I didn’t have a seatbelt on?
Yes. While the insurance company may argue to reduce your compensation, not wearing a seatbelt does not prevent you from filing a claim. We would argue that the at-fault driver’s negligence caused the crash itself, which is the primary reason for your injuries.
What if the at-fault driver is uninsured or underinsured?
If the at-fault driver has no insurance, you may file a claim under the Uninsured Motorist (UM) portion of your own auto insurance policy, or the policy of a resident relative. If the driver’s policy limits are too low to cover your damages (e.g., they have the state minimum $25,000 policy but your medical bills are $75,000), you may use the Underinsured Motorist (UIM) portion of your policy.
Will my friend’s or family member’s insurance rates go up if I file a claim?
Their rates may increase after an at-fault accident, but that is a result of them causing a crash, not specifically because you filed a claim. Any at-fault accident is likely to impact their insurance premiums, regardless of who was injured.
How much does it cost to hire Yosha Law for my passenger injury case?
We handle personal injury cases on a contingency fee basis. This means you pay no upfront fees. We only receive a fee if we successfully recover compensation for you through a settlement or verdict.
Your Path to Recovery Starts Here
You did not ask to be in this position, but you do not have to handle the legal and financial strain alone. Your focus should be on your health. Let us handle the insurance claim process.
If you were injured as a passenger, call Yosha Law to discuss your case. The consultation is free, and there is no obligation. Contact us today at (317) 648-7319.
