Indiana Tort Claim Notice
State claims: notice generally within 270 days of the loss. Local claims: generally 180 days.
Find out where you stand in Indiana
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Introduction
Under the Indiana Tort Claims Act, notice of a claim against the State is due within 270 days after the loss occurs (IC 34-13-3-6). Notice to a city, county or other political subdivision is due within 180 days (IC 34-13-3-8). Incapacity has its own rule.
Key Things to Know
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The deadline is strict. A claim is barred unless notice is filed within the time the Indiana Tort Claims Act allows. Reading the current statute or contacting the entity's risk management office or clerk confirms the rule for your claim.
- 2
State track: notice is filed with the attorney general or the state agency involved within 270 days after the loss occurs (IC 34-13-3-6). Filing with the wrong agency does not bar the claim if the claimant reasonably tried to find and serve the right one.
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Local track: notice is filed within 180 days after the loss occurs with the governing body of the political subdivision AND, if the subdivision was a fund member when the act occurred and IC 27-1-29 has not expired, the Indiana political subdivision risk management commission (IC 34-13-3-8).
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The notice must be in writing and delivered in person or by registered or certified mail (IC 34-13-3-12). Keep the mail receipt or a signed delivery record.
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The notice is a short and plain statement of the facts. It includes the circumstances that brought about the loss, the extent of the loss, the time and place it occurred, the names of all persons involved if known, the amount of damages sought, and the claimant's residence at the time of the loss and at the time of filing.
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The entity has 90 days to approve or deny the claim in writing. A claim is denied if it is not approved in its entirety within 90 days, unless the parties settled first (IC 34-13-3-11). Suit may not be brought until the claim is denied in whole or in part (IC 34-13-3-13).
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A person who is incapacitated and cannot give notice must file it within 180 days after the incapacity is removed (IC 34-13-3-9). Damages are capped and punitive damages are not available (IC 34-13-3-4).
Key decisions before you file
Before you file a Notice of Claim in Indiana, a few decisions shape the document: which option to choose and what each one means. The Notice of Claim guide walks through them.
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Indiana Requirements for Notice of Claim
270-Day State Notice
IC 34-13-3-6: a claim against the State is barred unless notice is filed with the attorney general or the state agency involved within 270 days after the loss occurs.
180-Day Local Notice
IC 34-13-3-8: notice goes to the governing body of the political subdivision, and to the risk management commission if the subdivision was a fund member and IC 27-1-29 has not expired, within 180 days after the loss occurs.
Delivery Method
IC 34-13-3-12: the notice is in writing and delivered in person or by registered or certified mail.
90-Day Response and Denial
IC 34-13-3-11: a claim is denied if not approved in its entirety within 90 days, unless the parties settled first. IC 34-13-3-13: no suit until the claim is denied in whole or in part.
Incapacity Notice Rule
IC 34-13-3-9: a person who is incapacitated and cannot give notice must file it within 180 days after the incapacity is removed.
Damages Caps
IC 34-13-3-4: for causes accruing on or after January 1, 2008, $700,000 per person and $5,000,000 for all persons in one occurrence, combined for all entities and employees. No punitive damages.
Required Notice Contents
Give a short and plain statement of the facts: the circumstances, the extent of the loss, the time and place, the names of all persons involved if known, and the amount of damages sought.
Claimant Residence
State the claimant's residence at the time of the loss and at the time of filing.