If an IndyGo bus or a state-owned vehicle hits you, your path to recovery becomes more complex. While you likely know that the general window for filing a personal injury lawsuit in Indiana is two years, this standard does not apply in your case. When a government entity is involved, the legal process shifts.
The strict deadlines for tort claims
Under the Indiana Tort Claims Act (ITCA), you need to provide a formal Notice of Tort Claim long before you ever file a lawsuit. If your accident involved a political subdivision, you only have 180 days to accomplish this step. However, if a state-owned vehicle caused the accident, your window expands to 270 days. Missing these deadlines can mean you lose your right to seek compensation forever.
The proper way to file a tort claim
You might think that calling the city’s insurance adjuster or filing a police report counts as notice, but it does not. The ITCA requires you to deliver a written form in person or via certified mail to the correct government department. This notice must detail your injuries, the circumstances of the crash and the amount of damages you are seeking.
Protecting your future without the stress
The short deadline for sending a notice can pressure you to act promptly. However, your current condition and recovery journey prevent you from doing so. While this may seem impossible, you do not have to face this matter alone.
Seeking legal counsel would be wise to gain further guidance on Indiana tort claims. Aside from providing advice that resolves your concerns, a personal injury attorney can manage the paperwork on your behalf.