IC 34-33-3
    Chapter 3. Service of Process on Nonresident Motor VehicleOperators

IC 34-33-3-1
Operation of vehicle as appointment of secretary of state asattorney for service of process
    Sec. 1. (a) This chapter applies to:
        (1) a nonresident;
        (2) a resident of Indiana who becomes a nonresident; or
        (3) the authorized agent of a person described in subdivision (1)or (2);
who operates a motor vehicle upon a public street or highway or anyother place in Indiana.
    (b) The operation of a motor vehicle by a person described insubsection (a) is considered to be an appointment by the person ofthe secretary of state to be the person's attorney upon whom processmay be served in any action or proceeding against the person arisingfrom an accident or collision in which the person may be involvedwhile operating or permitting to be operated a motor vehicle on astreet or highway or any other place in Indiana.
    (c) The operation is an agreement that process against the personhas the same legal force and validity as if served upon the personpersonally.
    (d) The appointment of the secretary of state is irrevocable andbinding upon the executor or administrator of the person.
As added by P.L.1-1998, SEC.29.

IC 34-33-3-2
Venue
    Sec. 2. An action may be filed in the county:
        (1) where the plaintiff resides; or
        (2) where the accident or collision occurred;
at the election of the plaintiff. Service of process shall be made byleaving a copy of the action and a fee of five dollars ($5) with thesecretary of state for the defendant to be served. The service issufficient service upon the person if notice of service and a copy ofthe process are immediately sent by registered mail to the defendantand the defendant's return receipt is appended to the original processand filed in the court.
As added by P.L.1-1998, SEC.29.

IC 34-33-3-3
Refusal of defendant to claim registered mail; affidavit; fee
    Sec. 3. If a defendant refuses to accept or claim registered mail,the secretary of state shall return the registered mail to the plaintiffor to the plaintiff's attorney. The mail shall be appended to theoriginal process, together with an affidavit of the plaintiff or of theattorney or agent that the summons was delivered to the secretary ofstate, together with a fee of five dollars ($5), and was returned

unclaimed by the United States Postal Service. The affidavit,together with the returned envelope including the summons, isconsidered sufficient service upon the defendant.
As added by P.L.1-1998, SEC.29.

IC 34-33-3-4
Death of nonresident before commencement of action
    Sec. 4. If a nonresident dies before the commencement of anaction brought under this chapter (or IC 34-2-2.5 before its repeal),service of process shall be made on the executor or administrator ofthe nonresident in the same manner and with the same notice as isprovided for the nonresident.
As added by P.L.1-1998, SEC.29.

IC 34-33-3-5
Death of nonresident after commencement of action
    Sec. 5. If a nonresident dies after an action has been commencedunder this chapter (or IC 34-2-2.5 before its repeal) by service ofprocess upon the nonresident, the court shall allow the action to becontinued against the executor or administrator upon motion withnotice that the court considers proper.
As added by P.L.1-1998, SEC.29.

IC 34-33-3-6
Continuances
    Sec. 6. The court in which an action is brought may ordercontinuances that are reasonable to afford the defendant opportunityto defend the action.
As added by P.L.1-1998, SEC.29.