After a hit-and-run accident in Indiana, you should call 911 immediately to report the crash and get medical help, then gather any evidence you can about the fleeing vehicle while the details remain fresh. If you have not already, seek medical treatment for any injuries, even if you initially feel okay. Your quick actions protect your health and legal compensation rights through uninsured motorist coverage. An experienced hit and run accident lawyer in Indianapolis can guide you through the process and fight for the justice you deserve.
Hit and Run Accidents – Quick Facts
- Call 911 immediately after a hit-and-run since Indiana law requires reporting crashes with injuries or significant property damage, and police reports strengthen insurance claims
- Document everything possible about the fleeing vehicle: color, make, model, license plate numbers (even partial), damage location, and direction of travel
- Your uninsured motorist (UM) coverage applies to hit-and-run accidents in Indiana unless you rejected it in writing, providing payment for injuries when at-fault drivers can’t be found
- Indiana gives you 10 days to file certain insurance notices after a crash and 2 years to pursue injury claims, and missing deadlines eliminates your rights
- Seek medical treatment even for “minor” injuries since adrenaline masks pain, and documentation from immediate care proves your injuries resulted from the hit-and-run
What Should I Do Immediately After a Hit-and-Run in Indiana?
Your first priority after any crash remains safety. Move to a secure location if possible, check for injuries, and call 911. Tell the dispatcher that the other driver left the scene. This alerts officers to respond quickly since hit-and-run accidents involve criminal activity under Indiana Code 9-26-1.
While waiting for police, focus on gathering evidence. Time works against hit-and-run victims as memories fade and physical evidence disappears. Use your phone to photograph your vehicle damage, the accident scene, skid marks, debris from the other vehicle, and any injuries visible on you or your passengers.
As soon as possible, seek medical attention. Do not assume that you were not injured during the crash. Prompt treatment protects your health and documents your physical injuries for your claim.
Do I Need a Police Report, and How Do I Get It?
Yes, you need a police report for any hit-and-run accident in Indiana. It serves as the official record of the crime and provides essential documentation for insurance claims. Indiana law requires immediate reporting of any crash involving injury, death, or property damage exceeding $1,000, and hit-and-run accidents always warrant police involvement due to their criminal nature.
Indiana State Police and local law enforcement agencies typically complete crash reports within 5-10 days. Many departments use the BuyCrash system, which allows online access to reports for a small fee. You’ll need your report’s case number or the date, location, and your name to retrieve it.
Getting your report quickly matters because:
- Insurance companies require it for UM coverage claims
- It contains witness information you might have missed
- Officer observations about the scene support your version of events
- Any errors need correction before they impact your claim
If officers locate the hit-and-run driver later, they’ll update the report with that driver’s information. Check periodically for updates, as finding the responsible driver changes your claim from uninsured motorist to a standard liability claim against their insurance.
Will My Uninsured Motorist Coverage Apply to a Hit-and-Run?
Indiana law requires insurance companies to include uninsured motorist (UM) coverage in auto policies unless you specifically reject it in writing. This coverage becomes your financial lifeline after hit-and-run accidents, paying for injuries caused by phantom drivers who can’t be found or identified. If you have UM coverage, it applies to hit-and-run accidents just as if an uninsured driver had stayed at the scene.
Your UM coverage steps in to pay medical bills, lost wages, and pain and suffering damages that the fleeing driver should have covered. Besides injury, your UM coverage typically includes property damage, though some policies separate these coverages.
Additional coverages that might help after a hit-and-run include:
- Medical Payments (MedPay) coverage for immediate medical expenses regardless of fault
- Collision coverage for vehicle repairs when the at-fault driver can’t be found
- Underinsured Motorist (UIM) coverage if the driver is found but lacks adequate insurance
- Rental car coverage while your vehicle undergoes repairs
Contact your insurance company promptly. Document all conversations, keep copies of correspondence, and consider legal representation before accepting any settlement offers.
What Evidence Should I Gather If the Other Driver Flees?
Quick evidence collection after a hit-and-run strengthens both police investigations and your insurance claim. If you glimpsed the fleeing vehicle, record any details you remember: color, make, model, partial license plates, damage location, or unique features like bumper stickers. Even general descriptions help narrow searches. Check if your dashcam captured the crash and save the footage immediately. Ask witnesses if they recorded video on their phones, since bystanders sometimes capture crucial moments.
Beyond the immediate scene, valuable evidence exists throughout the surrounding area. Security cameras at businesses, ATMs, and gas stations may have recorded the fleeing vehicle. Ring doorbells, traffic cameras, and parking lot surveillance often capture hit-and-run drivers escaping. The responsible driver might have damaged other vehicles or sought repairs at nearby body shops.
Experienced attorneys have resources and connections that significantly expand evidence-gathering capabilities. While you focus on medical treatment and recovery, your lawyer handles the time-intensive work of tracking down witnesses, reviewing hours of footage, and following leads through social media and community networks. They know which body shops to contact and how to obtain records legally. This professional investigation may uncover evidence that increases the chances of identifying the responsible driver and securing fair compensation.
What Happens If the Hit-and-Run Driver Is Identified Later?
When police find hit-and-run drivers after initial investigations, your legal options expand significantly. Instead of relying solely on your UM coverage, you can pursue claims directly against the responsible driver and their insurance company. This shift potentially increases your compensation, as the driver may face punitive damages for fleeing the scene.
Criminal charges against the located driver strengthen your civil case. Under IC 9-26-1-1.1, leaving an injury accident scene constitutes a felony in Indiana. Convictions or guilty pleas in criminal proceedings provide powerful evidence of liability in your civil claim. The driver’s attempt to escape responsibility also demonstrates consciousness of guilt.
Transitioning from UM to Liability Claims
Finding the hit-and-run driver doesn’t automatically cancel your UM claim. Instead, your insurance company gains subrogation rights—they can seek reimbursement from the at-fault driver for amounts paid under your UM coverage. This process shouldn’t delay your medical treatment or financial recovery.
Your attorney coordinates between multiple insurance companies when the driver surfaces:
- Continuing UM benefits while investigating the located driver’s coverage
- Filing claims against the at-fault driver’s liability insurance
- Pursuing the driver personally if they lack adequate insurance
If the located driver has minimal insurance, your underinsured motorist (UIM) coverage may supplement their liability limits. This coverage stacking ensures hit-and-run victims receive full compensation despite the at-fault driver’s attempts to avoid responsibility.
Criminal Restitution and Civil Claims
Indiana courts can order criminal restitution for hit-and-run convictions, requiring drivers to pay victims’ documented losses. While helpful, criminal restitution rarely covers all damages, particularly pain and suffering. Pursuing parallel civil claims helps you get compensation for losses the criminal system doesn’t address.
Do I Have to File Anything with the BMV/Insurance After the Crash?
Yes, Indiana law requires specific filings after crashes causing injury, death, or property damage exceeding $1,000. These requirements apply even when the at-fault driver flees. Within 10 days, you must make sure your insurance company files a Certificate of Compliance (COC) with the Bureau of Motor Vehicles (BMV) proving you maintained required insurance coverage at the time of the crash.
This requirement catches many hit-and-run victims off guard. While dealing with injuries and vehicle damage, administrative requirements seem like low priorities. However, the BMV doesn’t waive deadlines for hit-and-run victims. Failure to file results in license suspension until you provide proof of insurance and pay reinstatement fees.
Coordinating Insurance and BMV Requirements
Your insurance company typically handles COC filing, but confirming completion remains your responsibility. When reporting the hit-and-run to your insurer, specifically ask about BMV compliance and request written confirmation that they’ve submitted required documents within the deadline.
Additional requirements may include:
- Providing a written statement about the crash circumstances
- Submitting to examination under oath if requested by your insurer
- Cooperating with your insurance company’s investigation
- Maintaining continuous coverage throughout the claim process
Some insurance policies contain cooperation clauses requiring you to assist their investigation efforts. While you must cooperate, you’re not required to accept inadequate settlements or provide statements that could harm your claim. Legal representation protects your interests during these interactions.
How Long Do I Have to File a Claim or Lawsuit in Indiana?
Indiana’s statute of limitations gives you two years from the accident date to file a personal injury lawsuit, including claims arising from hit-and-run accidents. This deadline applies whether you’re suing a located hit-and-run driver or pursuing other liable parties. Missing this deadline typically eliminates your right to court-ordered compensation, regardless of your injuries’ severity.
Insurance claims follow different timelines. Your policy likely requires “prompt” notification of accidents, which generally means within days or weeks, not months. Delaying notification gives insurers grounds to deny coverage, even if you’re within the two-year lawsuit deadline. Review your policy’s specific requirements and comply with all notice provisions.
Frequently Asked Questions About Hit-and-Run Accidents in Indiana
What if I Didn’t Get the License Plate of the Car That Hit Me?
You can still pursue compensation through your uninsured motorist coverage even without the fleeing vehicle’s license plate. While plate numbers help police investigations, your UM claim depends on proving a hit-and-run occurred, not identifying the specific driver. Focus on documenting all other available evidence: vehicle description, damage patterns, witness statements, and the police report confirming another driver fled illegally.
Should I Talk to My Insurance Company before Getting a Lawyer?
You must notify your insurance company promptly about the hit-and-run to preserve coverage rights, but limit initial conversations to basic facts: date, time, location, and that the other driver fled. Avoid giving recorded statements or discussing injuries in detail before consulting an attorney.
What if the Hit-And-Run Happened in a Parking Lot?
Parking lot hit-and-runs follow the same legal principles as roadway crashes in Indiana. You still need a police report, even on private property, and your UM coverage applies. Many parking lots have surveillance cameras that capture these incidents. Act quickly to request footage before it’s overwritten, and check surrounding businesses for additional camera angles.
Can Passengers in My Vehicle File Claims for a Hit-And-Run?
Yes, passengers injured in hit-and-run accidents can file claims through multiple sources. They may use your UM coverage as occupants of your vehicle, their own UM coverage if they have auto insurance, or both, depending on policy language. Passengers maintain the same rights to compensation as drivers, including medical expenses, lost wages, and pain and suffering damages.
What if I Was Partially at Fault When the Other Driver Fled?
Indiana’s comparative fault law allows recovery if you’re less than 51% at fault, even in hit-and-run cases, though your recovery will be reduced by the percentage of fault assigned to you. The fleeing driver’s criminal act of leaving the scene doesn’t erase comparative fault considerations, but it may significantly impacts fault allocation.
Recovering Compensation After a Hit-and-Run Accident
Indiana law provides strong protections for hit-and-run victims, but accessing these remedies requires quick action and knowledgeable advocacy. The path from hit-and-run victim to fair compensation demands immediate evidence preservation, proper insurance notification, and aggressive representation. Every passing day makes investigations harder and evidence weaker.
Yosha Law has spent decades fighting for Indiana accident victims. With more jury verdicts than any law firm in Indiana’s history, we know what it takes to secure justice when wrongdoers flee and insurers resist. If you need a trusted Indianapolis personal injury lawyer, our team is here to stand by your side and fight for full justice.
Our battle-tested team stands ready 24/7 because hit-and-run accidents don’t follow business hours. Call (317)751-2856 now for your free consultation. You deserve an advocate who won’t rest until justice is served.
