Sec. 8. (a) Except as provided in section 9 of this chapter, a claim against a political subdivision is barred unless notice is filed with:
(1) the governing body of that political subdivision; and
(2) the Indiana political subdivision risk management commission created under IC 27-1-29;
within one hundred eighty (180) days after the loss occurs.
(b) A claim against a political subdivision is not barred for failure to file notice with the Indiana political subdivision risk management commission created under IC 27-1-29-5 if the political subdivision was not a member of the political subdivision risk management fund established under IC 27-1-29-10 at the time the act or omission took place.
[Pre-1998 Recodification Citation: 34-4-16.5-7.]
As added by P.L.1-1998, SEC.8.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 13. Causes of Action: Claims Against the Government
Chapter 3. Tort Claims Against Governmental Entities and Public Employees
34-13-3-0.1. Application of Certain Amendments to Chapter
34-13-3-0.2. Application of Certain Amendments to Prior Law
34-13-3-1. Applicability of Chapter
34-13-3-2. Applicability of Chapter
34-13-3-2.3. Applicability of Chapter to Ncsl 2020 Legislative Summit Host Committee
34-13-3-3. Immunity of Governmental Entity or Employee
34-13-3-4. Limitation on Aggregate Liability; Punitive Damages Prohibited
34-13-3-6. Notice to Attorney General and State Agency Involved
34-13-3-7. Administrative Claim for Inmate's Recovery of Property
34-13-3-8. Claims Against Political Subdivisions; Notice Requirement
34-13-3-9. Incapacitated Plaintiffs; Notice Requirement
34-13-3-10. Notice Requirement; Form of Statement
34-13-3-11. Approval or Denial of Claim by Government Entity
34-13-3-12. Notice Requirements; Service
34-13-3-13. Denial of Claim as Prerequisite to Suit
34-13-3-14. Compromise or Settlement of Claim by Governor
34-13-3-15. Attorney General; Powers and Duties
34-13-3-16. Compromise or Settlement of Claim by Political Subdivision
34-13-3-17. Enforcement of Judgments Against Governmental Entities
34-13-3-18. Time for Payment of Claim or Judgment; Interest Rate
34-13-3-19. Applicability of Ic 34-13-3-18; Settlement
34-13-3-20. Liability Insurance; Prohibitions
34-13-3-21. Attorney's Fees; Allowance to Governmental Entity; Action for Abuse of Process
34-13-3-22. Persons or Entities Considered Political Subdivisions
34-13-3-23. Structured Settlement; Discharge; Limits
34-13-3-24. Appropriations for Payment of Claims and Expenses
34-13-3-25. Presentation of Vouchers and Issuance of Warrants for Appropriations