Indiana’s Guest Passenger Statute: Can You Sue a Relative After a Car Accident?

Indiana’s Guest Passenger Statute: Can You Sue a Relative After a Car Accident?

Many assume that if a family member causes a crash, you can make a claim against their insurance. In Indiana, that is not always true.

Under Indiana’s “Guest Statute,” certain relatives generally cannot sue a family member for injuries caused by ordinary negligence while riding in that relative’s vehicle.

Who Does The Rule Apply To?

Specifically, Indiana Code § 34-30-1-1 states:

The owner, operator, or person responsible for the operation of a motor vehicle is not liable for loss or damage arising from injuries to or the death of:

1. Parents
2. Spouses
3. Children and stepchildren
4. Brothers and sisters
5. Hitchhikers

In general, if one of these individuals is injured while riding in the driver’s vehicle, a lawsuit against the driver is barred unless the driver’s conduct goes beyond ordinary negligence.

What Is the Purpose of this Law?

If limiting liability in this way sounds odd, it’s because it is. Today, Indiana is one of only three states in the country with such a law. However, comparable laws used to be much more common and much broader.

Historically, Guest Statutes were popular throughout the US in the 1920s and 1930s, as more and more citizens purchased and drove cars. While the exact rules of a Guest Statute could vary from state to state, they generally limited the ability of any nonpaying passenger (not just close family) to sue the driver of the vehicle they were riding in.

The theory behind these statutes was two-fold:

They aimed to protect drivers who had just been doing their passenger a favor

They hoped to cut down on insurance fraud by preventing collusion between passengers and drivers who might stage a crash to get an insurance payout.

Those stringent rules lasted around half a century until 1973, when a California Supreme Court case (Brown v. Merlo) found California’s Guest Statute unconstitutional, violating the Equal Protection Clause of both the US and California’s state Constitutions.

Following that decision, other states followed California’s effort and struck down their own Guest Statutes. Some states repealed their Guest Statute, while others had theirs deemed unlawful by their State’s Supreme Court.

But not Indiana. In 1976, the Indiana Supreme Court actually upheld the existing version of Indiana’s Guest Statute, holding it did not violate either the US Constitution or the Indiana Constitution. In doing so, the Court rejected the reasoning of the other states’ supreme courts and/or found a distinction between their statutes and Indiana’s.

The bottom line was that the Guest Statute continued in Indiana while it functionally died in nearly every other state.

In 1984, Indiana’s legislature narrowed the scope of the Guest Statute to make it apply only to the relatives and hitchhikers still mentioned in the law today. Even though the law is less draconian today, Indiana stands nearly alone in keeping the flame of Guest Statutes alive.

Only Alabama (which continues to have the old-fashioned version of the guest statute) and Texas have guest statutes which limit one’s ability to recover against a direct family member for negligence.

And Indiana’s law isn’t going anywhere. In 2015, the Indiana Court of Appeals upheld the current version of the statute, holding that, like the prior version, it does not violate either the Indiana or the US Constitution. The state’s Supreme Court declined to hear the case, noting that all Justices concurred with the Court of Appeals’ holding.

What Indiana’s Guest Statute Does Not Limit

While the Guest Statute is here to stay and it does impose rules, it does not limit the following:

You can still bring a claim against another at-fault driver

If someone outside your family caused the crash you suffered while riding as a passenger in a relative’s vehicle.

Uninsured and Underinsured Motorist Coverage May Still Apply

You may be able to pursue an underinsured or uninsured motorist claim on a relative’s policy if the facts of the crash warrant a claim.

Willful and Wanton Misconduct is Different

The law generally protects relatives from claims that revolve around ordinary negligence. It does not protect a relative if they were engaging in willful and wanton misconduct and that behavior led to the crash.

Willful and wanton conduct is conduct more egregious than mere negligence. Whether conduct is willful and wanton is highly fact-dependent. But conduct is generally willful and wanton where the actor either knows his conduct will cause injury or knows his conduct very well might, but acts in such a way anyway in disregard for the risk of injury.

The Law Only Applies When You Are Riding in the Vehicle

If you are injured while in a different vehicle than your relative (e.g. their vehicle hits yours), or you are a pedestrian who is hit by your relative, the statute does not apply.

Why Reaching Out To a Lawyer Can Be Key

As you can see, such cases can be highly fact-specific and require knowledge of Indiana case law. If you are injured in a motor vehicle accident involving a relative, it is essential that you speak with an experienced Indiana attorney, like the ones at Nicolet Law, as soon as possible. Talking to an attorney before an insurance company has the chance to get a statement from you will help to protect your rights and ensure the best possible outcome for you.

At Nicolet Law, we offer free consultations and work on a contingency basis. That means we don’t get paid unless we recover money for you. Call 1-855-NICOLET or reach out through our contact form to set up a free consultation.

More about the author: Attorney Hunter McKee