Indiana Code

Ind. Code § 34-13-3-6 (2026)

Notice to attorney general and state agency involved

✓ current as of May 2026

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Sec. 6. (a) Except as provided in sections 7 and 9 of this chapter, a claim against the state is barred unless notice is filed with the attorney general or the state agency involved within two hundred seventy (270) days after the loss occurs. However, if notice to the state agency involved is filed with the wrong state agency, that error does not bar a claim if the claimant reasonably attempts to determine and serve notice on the right state agency.

(b) The attorney general, by rule adopted under IC 4-22-2, shall prescribe a claim form to be used to file a notice under this section. The claim form must specify:

(1) the information required; and

(2) the period of time that a potential claimant has to file a claim.

(1) state agency; and

(2) operator of a state vehicle.

[Pre-1998 Recodification Citation: 34-4-16.5-6.]

As added by P.L.1-1998, SEC.8.

Notes of Decisions

Cited in 36 cases (14 in the last 5 years), 1999–2025 · leading case: Januchowski v. N. Indiana Commuter Transp. Dist., 905 N.E.2d 1041 (Ind. Ct. App. 2009).

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Januchowski v. N. Indiana Commuter Transp. Dist., 905 N.E.2d 1041 (Ind. Ct. App. 2009). · cites it 8× “Ind.Code §§ 34-13-3-6 (governing notice to state agencies); XX-XX-X-X (governing notice to political subdivisions).”

Cantrell v. Morris, 849 N.E.2d 488 (Ind. 2006). · cites it 2× “” I.C. § 34-13-3-6(a). A claim against a political subdivision is barred unless notice is filed with the governing body of that political subdivision and the Indiana political subdivision risk management within 180 days after the loss occurs.”

Garnelis v. Indiana State Dep't of Health, 806 N.E.2d 365 (Ind. Ct. App. 2004). · cites it 4× “The Garnelises also argue that the trial court's interpretation of the notice provision of the Indiana Tort Claims Act, Ind.Code § 34-13-3-6(a), is unconstitutional as applied.”

Rudnick v. N. Indiana Commuter Transp. Dist., 892 N.E.2d 204 (Ind. Ct. App. 2008). · cites it 4× “2 Notice to state agencies is governed by Ind.Code § 34-13-3-6: (a) Except as provided in sections 7 and 9 of this chapter, a claim against the state is barred unless notice is filed with the attorney general or the state agency involved within two hundred seventy (270) days…”

Oshinski v. N. Indiana Commuter Transp. Dist., 843 N.E.2d 536 (Ind. Ct. App. 2006). · cites it 2× “See I.C. § 34-13-3-3. ITCA places limitations on Indiana's immunity by barring a potential plaintiff's suit unless he or she complies with the notice requirements set out in that section.”

Thomas P. Donovan v. Hoosier Park, LLC d/b/a Hoosier Park, Racing & Casino, Centaur, Inc., Hoosier Park, L.P., Centaur Holdings, LLC, & Terrance Sollars, 84 N.E.3d 1198 (Ind. Ct. App. 2017). · cites it 2× “Ind. Code § 34-13-3-6 (a) (1998). ' On October 20, 2015, Donovan filed a Motion to Correct Error, On October 23, 2015, the IGC Appellees, filed a Motion to Correct Error, claiming the trial court erred in finding Donovan failed to timely file a notice of state tort claim.”

Harrison v. Veolia Water Indianapolis, LLC, 929 N.E.2d 247 (Ind. Ct. App. 2010). · cites it 2× “I.C. §§ 34-13-3-6 (270 days for claims against the State and State agencies) and 34-13-3-8 (180 days for claims against political subdivisions of the State) 4 Thus, ITCA places substantial hurdles in the way of injured persons wanting to sue the State or one of its agencies or…”

Williams v. Lovchik, 830 F. Supp. 2d 604 (S.D. Ind. 2011). · cites it 2× “See Ind. Code § 34-13-3-6 (a); Davidson v. Perron, 716 N.”

John Feldhake v. Edwin Buss, Latoya Lane, & Nathan Walters, 36 N.E.3d 1089 (Ind. Ct. App. 2015). · cites it 2× “Because Feldhake sued the employees in their official capacities, Indiana Code § 34-13-3-6 required Feldhake to give notice to the Attorney General or the DOC within two hundred seventy (270) days of his accident.”

Snider v. Pekny, 899 F. Supp. 2d 798 (N.D. Ind. 2012). · cites it 2× “The Court also notes that even if Officer Bishop were not immune from liability under I.C. § 34-13-3-6, the claims against him would fail because Snider did not serve him proper notice as required under Indiana Code § 34-13-3-8.”

Ricketts v. State, 720 N.E.2d 1244 (Ind. Ct. App. 1999). · cites it 2× “Ind.Code § 34-13-3-6. The Act further provides that the notice must contain a number of details concerning the loss, including: the circumstances which brought about the loss, the extent of the loss, the time and place the loss occurred, the names of all persons involved, the…”

Est. of Vandam v. Daniels, 278 F.R.D. 415 (S.D. Ind. 2011). · cites it 5× “Ind.Code § 34-13-3-6(a). The purpose of requiring the submission of a notice of tort claim is to “inform state officials with reasonable certainty of the accident or incident and surrounding circumstances so that the state may investigate, determine its possible liability, and…”

Show all 36 citing cases →

— Ind. Code § 34-13-3-6(a) — 7 cases

Cantrell v. Morris, 849 N.E.2d 488 (Ind. 2006). “” I.C. § 34-13-3-6(a). A claim against a political subdivision is barred unless notice is filed with the governing body of that political subdivision and the Indiana political subdivision risk management within 180 days after the loss occurs.”

Januchowski v. N. Indiana Commuter Transp. Dist., 905 N.E.2d 1041 (Ind. Ct. App. 2009). “Ind.Code §§ 34-13-3-6 (governing notice to state agencies); XX-XX-X-X (governing notice to political subdivisions).”

Garnelis v. Indiana State Dep't of Health, 806 N.E.2d 365 (Ind. Ct. App. 2004). “The Garnelises also argue that the trial court's interpretation of the notice provision of the Indiana Tort Claims Act, Ind.Code § 34-13-3-6(a), is unconstitutional as applied.”

State Ex Rel. Zoelller v. Aisin USA Mfg., Inc., 926 N.E.2d 83 (Ind. Ct. App. 2010).

Est. of Vandam v. Daniels, 278 F.R.D. 415 (S.D. Ind. 2011). “Ind.Code § 34-13-3-6(a). The purpose of requiring the submission of a notice of tort claim is to “inform state officials with reasonable certainty of the accident or incident and surrounding circumstances so that the state may investigate, determine its possible liability, and…”

— Ind. Code § 34-13-3-6(b) — 2 cases

Shannon Murphy v. Indiana State Univ. & Nick D. Pledger (Ind. Ct. App. 2020).

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