My Child Was a Passenger in a Car Accident: What Are My Rights in Indiana?
Personal Injury | Car Accidents
My Child Was a Passenger in a Car Accident: What Are My Rights in Indiana?
When your child is injured as a passenger in a car accident in Indiana, the fear and confusion can feel overwhelming. Whether your child was riding in another parent's vehicle, in an Uber, or in the car with you when someone else caused the crash, your child has legal rights — and as a parent, you have the authority to protect those rights and pursue compensation on their behalf.
Child passengers are among the most vulnerable victims in any car accident. They often suffer serious injuries including traumatic brain injuries, broken bones, and whiplash — yet they have no say in who was driving, how fast the car was going, or whether the vehicle was properly maintained. Indiana law recognizes this vulnerability and provides important protections for minor injury victims, including a tolling provision that extends their time to file a claim.
At Emerson Divorce and Accident Injury Attorneys, our team understands the weight of what you're facing. When you call our office, you'll reach a real member of our team — Katie or Penny, our dedicated paralegals, or Jill or JR themselves. There are no call centers or anonymous intake screeners here. This guide explains exactly what you need to know to protect your child's rights after a car accident in Indiana.
Indiana Law: Key Facts for Child Passenger Injury Claims
Under Indiana Code 34-11-6-2, the standard two-year personal injury statute of limitations is tolled (paused) for minors. This means your child generally has until two years after their 18th birthday to file their own lawsuit — giving them until age 20. However, acting quickly is still critical to preserve evidence, secure witness statements, and protect insurance claim deadlines.
Who Is Liable When a Child Is Injured as a Passenger?
Determining fault in a child passenger injury case depends on the specific circumstances of the crash. Unlike the driver of a vehicle — who may share some responsibility for the collision — a child passenger is almost never found to be at fault. Indiana's comparative fault law (IC 34-51-2) limits recovery only when the injured party contributed to their own harm, which a properly restrained child passenger virtually never does.
Here are the most common scenarios and who may be held liable:
Another Driver Caused the Crash
The at-fault driver's liability insurance is the primary source of compensation. Their policy must cover injuries to all parties, including child passengers in the other vehicle or their own vehicle.
The Driver of Your Child's Vehicle Was At Fault
If your child was injured in a crash caused by the driver of the vehicle they were riding in — even a friend or family member — that driver's liability insurance can be pursued for your child's injuries.
Multiple Drivers Share Fault
In multi-vehicle accidents, multiple parties may share fault. Indiana's comparative fault law allocates responsibility among all at-fault parties, potentially allowing recovery from more than one insurance policy.
A Rideshare or Commercial Vehicle Was Involved
When your child is injured in an Uber, Lyft, school bus, or other commercial vehicle, additional layers of liability insurance may apply, including commercial fleet policies that carry much higher coverage limits.
Vehicle Defect Contributed to the Injury
A faulty car seat, defective seatbelt, or airbag malfunction can constitute a product liability claim against the manufacturer, separate from any fault by the driver.
The At-Fault Driver Had No Insurance
If the at-fault driver was uninsured or underinsured, your own uninsured/underinsured motorist (UM/UIM) coverage under Indiana Code 27-7-5 may provide a critical safety net for your child's injuries.
What Compensation Can My Child Receive?
When a child is seriously injured in a car accident, the full scope of damages goes well beyond immediate medical bills. Indiana law allows an injured minor — through their parent or legal guardian acting on their behalf — to pursue both economic and non-economic damages.
Economic damages cover quantifiable financial losses: emergency room treatment, surgery, hospitalization, follow-up appointments, physical or occupational therapy, prescription medications, and any future medical care your child may need as they grow. If your child's injuries require long-term monitoring or ongoing treatment, those projected future costs are recoverable.
Non-economic damages address the harder-to-measure harm: physical pain, emotional suffering, fear, loss of enjoyment of activities your child previously loved, and the disruption to childhood development caused by a serious injury. For young children, courts and juries in Indiana consistently recognize that these losses are real and significant.
In cases where a parent was also injured in the same crash, an additional claim for loss of consortium may be available. And in the most tragic circumstances — when a child does not survive — Indiana's Wrongful Death Act (IC 34-23-1) allows parents to pursue compensation for the full magnitude of that loss.
[ Image: Child car seat safety in Indiana — add at /images/child-passenger-car-accident-indiana.jpg ]
The Role of Car Seats and Seatbelts in Your Child's Claim
Indiana law requires children to be properly restrained in age-appropriate car seats or booster seats. A question that often arises in child passenger injury cases is whether the car seat or seatbelt was being used correctly — and if not, whether that affects your child's claim.
Under Indiana's comparative fault rules, if a child was not properly restrained, the insurance company for the at-fault driver may attempt to argue that this contributed to the severity of the injuries and seek a reduction in damages. However, this argument is often overstated by insurers, and an experienced attorney can push back against unfair fault allocation. The key point is this: the failure to use a car seat does not eliminate your child's right to compensation — it may simply reduce the recovery by whatever percentage of fault is attributed to the improper restraint.
If the car seat itself failed during the crash — buckles that released on impact, harness webbing that tore, or a structural failure in the seat — this raises a distinct product liability claim against the manufacturer that exists entirely separate from fault for the collision itself.
Your Child's Future Deserves a Fierce Advocate
Children's injury claims are complex and high-stakes. Don't let an insurance company put a low number on your child's suffering. Talk to a Hamilton County personal injury attorney today — free, no obligation.
What to Do Right Away: A Step-by-Step Guide for Parents
The steps you take immediately after the crash — and in the days that follow — can significantly affect your child's legal options and the strength of any claim. Here is what we recommend:
Get Your Child Emergency Medical Attention
Your child's health comes first. Even if your child seems fine at the scene, adrenaline can mask serious injuries including internal bleeding, concussions, and spinal trauma. Take them to an emergency room or urgent care immediately, and follow up with a pediatrician within 24–48 hours. Medical records created close in time to the accident are among the most important pieces of evidence in a child injury claim.
Document Everything at the Scene
If you are present at the accident scene and it is safe to do so, photograph the vehicles, the road, any visible injuries, and your child's car seat position. Get the names, phone numbers, and insurance information of all drivers involved, and note the names of any witnesses. If police respond, make sure a report is filed and obtain the report number.
Preserve the Car Seat — Do Not Discard It
The car seat your child was in at the time of the crash is critical physical evidence. Even if it looks undamaged, do not throw it away, return it to a store, or allow it to be destroyed. Keep it in a safe place. If the seat failed during the crash, it may be evidence in a product liability claim. An attorney can arrange to have it forensically examined.
Be Careful What You Say to Insurance Companies
The at-fault driver's insurance company may contact you quickly — sometimes within hours of the accident. Their goal is to settle your child's claim as cheaply as possible, before you fully understand the scope of your child's injuries. Never give a recorded statement or accept any settlement offer without first speaking with an attorney. Accepting an early offer typically releases all future claims, even if your child's injuries turn out to be more serious.
Consult a Personal Injury Attorney Before Signing Anything
A personal injury attorney who handles car accident claims in Carmel, Fishers, and across Hamilton County can evaluate the full value of your child's claim, identify all potentially liable parties, and handle all communications with the insurance companies on your behalf. There is no fee unless we win.
Indiana's Special Rules for Minor Injury Claims
Indiana law has two especially important rules that apply specifically to children injured in car accidents.
The Statute of Limitations Tolling Rule
Under Indiana Code 34-11-6-2, the two-year personal injury statute of limitations does not run against a minor while they are under 18 years of age. This means that even though the standard deadline to file a personal injury lawsuit in Indiana is two years from the date of injury (IC 34-11-2-4), a child injured in a car accident generally has until their 20th birthday to file their own lawsuit. This extended window exists because children cannot pursue legal action on their own behalf.
Important Warning: Don't Wait on Insurance Claims
While the statute of limitations for a lawsuit is tolled for minors, insurance policy deadlines and notice requirements are not. Most insurance policies require prompt reporting of accidents and claims, and evidence degrades over time. Acting quickly protects your child far better than waiting — even though the law gives them more time than adult victims.
Court Approval Is Required for Settlements Involving Minors
In Indiana, any settlement of a personal injury claim on behalf of a minor must be approved by a court. This is not a bureaucratic hurdle — it is an important protection designed to ensure that the settlement is in the child's best interest, not simply the fastest or most convenient resolution for the adults involved. An experienced attorney can guide you through this process efficiently.
As part of court approval, settlement funds for a minor are typically placed in a blocked account or structured to be held until the child turns 18, at which point the child takes control of the funds. This protects the recovery from being spent before the child reaches adulthood.
What If the Driver of Your Child's Vehicle Was a Friend or Family Member?
This is one of the most emotionally difficult aspects of child passenger injury cases. When your child was injured in a crash caused by a family friend, a grandparent, a neighbor, or even your spouse, parents often hesitate to pursue a claim out of fear of damaging the relationship.
It is important to understand: when you pursue an injury claim in this situation, you are almost always making a claim against the driver's insurance company — not against the individual personally. The driver's liability insurance exists precisely for situations like this. Most policies carry at least the Indiana minimum of $25,000 per person for bodily injury, and many carry significantly higher limits. The driver typically faces no out-of-pocket cost unless your damages exceed their policy limits.
Your child's medical care, pain and suffering, and long-term wellbeing are what matter most. An attorney can handle the claim professionally and sensitively, protecting the relationship while ensuring your child is not left without the compensation they need and deserve.
You Deserve Fair Compensation for Your Child's Injuries
Insurance companies move fast to minimize payouts on child injury claims. Let our team level the playing field — no fee unless we win, free consultation.
How Jill Bracken-Emerson Approaches Child Injury Cases
Child passenger injury claims require a different level of care than standard adult claims. The injuries often have longer developmental consequences. The damages calculations must account for a lifetime of potential impacts. And the court approval process adds procedural steps that require an attorney who knows the local courts.
Jill Bracken-Emerson leads the personal injury practice at Emerson Divorce and Accident Injury Attorneys with over 25 years of experience, including seven medical malpractice cases tried to jury verdict and a track record of significant recoveries for seriously injured clients throughout Hamilton County. Jill is scheduled to present on litigation strategies to the Indiana Trial Lawyers Association in late March — bringing the latest thinking in injury law advocacy directly to her clients' cases. Meanwhile, Attorney JR Emerson brings valuable perspective from his time serving as a Judge for the Whitestown Town Court, where he presided over traffic and local ordinance matters, offering a thorough understanding of Indiana civil procedure.
Together, they approach child injury cases with a single goal: making sure your child has the resources they need to heal, now and in the future.
Frequently Asked Questions: Child Passenger Car Accidents in Indiana
Can I file a lawsuit on my child's behalf after a car accident?
Yes. As a parent or legal guardian, you have the right to bring a personal injury claim on behalf of your minor child. In Indiana, a child cannot file a lawsuit in their own name, so a parent acts as the legal representative. Any settlement reached must be approved by a court to ensure it is in the child's best interest. Our Carmel car accident attorneys handle this process regularly.
How long do I have to file a claim for my child's car accident injuries in Indiana?
Under Indiana Code 34-11-6-2, the statute of limitations is tolled for minors. Your child generally has until two years after their 18th birthday — meaning until age 20 — to file a personal injury lawsuit. However, insurance claim deadlines are not tolled, and evidence disappears quickly. It is always best to consult an attorney as soon as possible after the accident.
What if my child was not in a car seat — can I still make a claim?
Yes, you can still pursue a claim. Indiana's comparative fault law (IC 34-51-2) may reduce the damages if the lack of proper restraint contributed to the injury's severity, but it does not eliminate the right to recover. The at-fault driver is still responsible for causing the crash. An attorney can fight against any unfair fault allocation the insurance company tries to impose.
What if the driver who caused the crash was uninsured?
If the at-fault driver had no insurance, you may be able to make an uninsured motorist (UM) claim through your own auto insurance policy under Indiana Code 27-7-5. Indiana requires insurers to offer UM/UIM coverage. If you were in someone else's vehicle at the time, that vehicle's UM coverage may also apply. An attorney can identify all available coverage sources for your child's injuries.
Do I need to go to court to resolve my child's injury claim?
Most child injury claims are resolved through settlement without a trial. However, because Indiana requires court approval for any minor's settlement, there will be at least one court proceeding — typically a brief hearing before a Hamilton County judge to confirm the settlement is fair and in the child's interest. Our team guides families through this process and handles all the necessary filings.
Can my child claim pain and suffering damages?
Yes. Indiana law allows injured children to recover non-economic damages including pain, suffering, emotional distress, and loss of enjoyment of life — in addition to all medical expenses and other economic losses. For young children, courts recognize that disruption to normal development and the fear associated with a traumatic accident carry real value.
What if a family member or family friend was driving and caused the crash?
Pursuing a claim in this situation does not mean suing your friend or family member personally. It almost always means making a claim against their liability insurance policy. The driver's insurer — not the driver — typically pays the settlement. Indiana requires drivers to carry minimum liability coverage of $25,000 per person under IC 9-22-3, and many carry higher limits.
Where do settlement funds go when a minor receives a personal injury settlement in Indiana?
When a court approves a settlement for a minor in Indiana, the funds are typically placed in a restricted account — often a blocked bank account — until the child turns 18. At that point, the child gains full access to the funds. This protects the recovery and ensures the compensation is available when your child needs it most.
Should I accept the insurance company's first settlement offer for my child?
In nearly all cases, no. Initial settlement offers from insurance companies are designed to close the claim quickly and cheaply — often before you know the true extent of your child's injuries or long-term needs. Children's injuries can have developmental consequences that only become apparent months or years later. Once you accept a settlement, you cannot go back for more. Consult with a Fishers car accident attorney before signing anything.
How much does it cost to hire a personal injury attorney for my child's case?
At Emerson Divorce and Accident Injury Attorneys, we handle personal injury cases — including child passenger injury claims — on a contingency fee basis. That means there is no upfront cost and no fee unless we win your case. Your first consultation is completely free. You can speak with a real member of our team by calling (317) 969-8000.