Fort Wayne Hit and Run Accident Lawyer

A hit-and-run accident is no small thing. While you’re left to deal with the damage, the other driver has tried to escape justice. How is that fair? It’s not fair at all—and you deserve to fight for compensation for your injuries and damage to your vehicle.

You Need a Fort Wayne Hit-and-Run Accident Lawyer on Your Side

You might feel like there’s nothing you can do about a hit-and-run. How will you find the person responsible? Will the insurance company even believe you when you tell them what happened? How do you prove it? It’s normal to feel lost or overwhelmed after this kind of accident. But you shouldn’t feel alone.

Yosha Law can provide answers to your questions. We can help track down evidence to prove the accident occurred and that it was a hit-and-run. We can deal with your insurance company to ensure you get fair compensation. Most importantly, we can be your supportive partner as you navigate this difficult situation.

Leaving the Scene of a Car Accident Is Illegal in Indiana

Indiana’s state motor vehicle code prohibits leaving the scene of an automotive accident. Not following this law could result in a criminal misdemeanor or felony charge.

In order to avoid a criminal charge, all drivers involved in an accident must:

• Stop their vehicle immediately at the scene of the accident or as close to it as possible
• Remain at the scene of the accident until they’ve exchanged contact information with other people involved
• Attempt to give reasonable assistance to each person who is potentially injured
• Call 911 or ensure that someone else has called 911 if there is injury or death\

Not following these steps can lead to a charge of a Class B misdemeanor. However, if the situation is more serious, the criminal charge gets more serious too:

 

• Charge A misdemeanor: If there’s bodily injury involved in the accident
• Level 6 felony: If the accident results in serious bodily injury or the fleeing driver has been charged with a similar crime within the previous five years
• Level 5 felony: If the accident results in the death of another person
• Level 3 felony: If the driver fleeing the scene is intoxicated and a person is killed or seriously injured

These criminal charges can lead to jail time and extensive fines—but only if the fleeing driver gets caught. If you’re a victim of a hit-and-run who gets left behind at the scene of the accident, what can you do to get justice?

Who’s Liable in a Fort Wayne Hit-and-Run Accident?

Determining liability in a hit-and-run accident can be difficult. The most likely liable person—the other driver—fled the scene of the accident and may not be found. Even if you can’t hold this person liable, there are still ways to get compensation for injuries.

It’s illegal to flee the scene of a car accident in Indiana—but many drivers still do. If they get caught, they face criminal charges, but many of these perpetrators don’t end up getting caught. Who can you truly hold liable in hit-and-run cases?

If the fleeing driver does get caught, you can sue their insurance company for the damages, even if your repair and medical bills are already paid. If the other driver is convicted of a felony in criminal court, you could also recover punitive damages. If you were able to notice the make, model, and color of the other vehicle or even take a photo, it’s much easier for the police to find them.

Unfortunately, hit-and-run drivers who flee often don’t get caught. In this case, you’d have to rely on your own insurance company to help pay for your injuries and vehicle damage:

• Auto insurance: Your Indiana car insurance policy should have uninsured or underinsured motorist coverage, which kicks in for a hit-and-run accident. The policy limit is usually $25,000 for bodily injury. If you don’t have this insurance, then your personal injury protection insurance or collision coverage may cover it.
• Medical insurance: Your medical insurance should help cover treatment for car accident injuries if your auto insurance can’t.

Who Pays for Hit-and-Run Accidents in Indiana?

In Indiana, it’s typically the at-fault driver’s insurance who pays for accident claims. If the at-fault flees the scene, however, this method of compensation recovery might not be available. What you could do instead is file an uninsured motorist claim with your insurance company—this solution requires having uninsured motorist coverage in your policy, though.

Having a hit-and-run accident attorney on your side can help you figure out the best option when seeking compensation for your injuries. At Yosha Law, we can review your auto and health insurance policies for you and even negotiate with the insurance companies on your behalf.

Damages You Can Recover

Damages refer to financial compensation you can collect as a result of your hit-and-run car accident claim. This sum could be related to your medical bills, lost wages from missed work, and more.

Why Drivers Flee the Scene of an Accident

Although it’s illegal, drivers flee the scene of an accident for several reasons. The most common include:

• No car insurance
• Intoxication or under the influence of drugs
• Driving a stolen car
• Driving without a license

No matter what the circumstances are of your hit-and-run, don’t attempt to chase after the driver. You could put your life and the lives of others in your vehicle in serious danger. Instead, contact the police right away. Once the police have created a report and you’ve taken care of urgent medical issues, call a lawyer.

What You Can Expect During an Indianapolis Car Accident Claim

When you hire Yosha Law for your Fort Wayne hit-and-run accident claim, you can expect our full dedication to your case at every step of the process. Here’s how a typical hit-and-run claim goes:

Initial consultation Meet with one of our attorneys to discuss your case and decide on representation.	Investigation We gather evidence related to your accident, including police reports, witness statements, and medical records.	Medical treatment You continue to receive the necessary medical care and keep all records related to your treatments.
Claim filing We will file a claim for you with the relevant insurance companies.	Demand letter Once your medical condition is more stable, we’ll send a demand letter to the insurance company.	Negotiations We’ll negotiate with the insurance company to reach a fair settlement.
Possible lawsuit filing If we can’t reach a fair settlement with the insurance company, we may file a lawsuit.	Discovery phase Both sides of the lawsuit (you are the plaintiff and the other party is the defendant) exchange information and evidence.	Mediation We may have a neutral third party come in to help both sides reach an agreement.
Trial preparation If the case still doesn’t settle after mediation, we’ll prepare to go to trial.	Trial We’ll present your case before a judge or jury, who will determine the outcome.	Appeal Either party may appeal the judge or jury’s decision if there are legal grounds to do so.
Most cases end up getting settled either before or after mediation, but some don’t. We prepare every case for trial from day one, so we can be ready to defend you in court if necessary. Our goal is always getting the best, fairest deal for you.

Let Your Attorney Deal with the Insurance Company

Dealing with insurance companies after an accident is annoying at best. At worst, it could cost you your compensation. You should never talk to the insurance company of the opposing party, if they happen to get tracked down. It’s your attorney’s job to speak to any opposing party’s insurance company—let us take care of it for you.

After you’ve reported the hit-and-run accident to your own company, they might ask for a recorded or written statement from you. If your insurance company asks for this, you should contact your attorney first before agreeing to anything.

Is It Possible to Prove Fault in a Hit-and-Run Case?

Even if the other driver flees the scene, there might still be ways to track them down. The fault for the accident might also lie elsewhere: a malfunctioning traffic light, an improperly marked construction zone, or another driver that didn’t flee the accident.

Our attorneys work to prove fault in hit-and-run accidents, relying on some of the following tools:

• A police report
• Traffic camera footage
• Witness statements
• Proof of a driver being intoxicated or under the influence
• Accident reconstruction reports

Proving fault is important when you consider the state’s modified comparative negligence law. State law doesn’t allow injured people to collect compensation if they carry more than half the blame for a collision. Resorting to this law is a common tactic for defendant drivers to argue that an injured person shares some or all of the responsibility for a collision.

Our Fort Wayne Hit-and-Run Accident Lawyers Ensure Your Medical Bills Are Resolved at the End of Your Case

After a serious accident, paying off your medical bills is probably one of your biggest concerns. Not everyone can afford to put away savings in case of an accident—and even if you do have savings, they might not be enough to cover the extensive medical treatments you undergo after a wreck.

Yosha Law’s attorneys can help. We’ve been dealing with insurance and medical providers since 1963. We know how to deal with subrogation rights and medical liens. With our counsel, you can be confident that you won’t pay more than necessary for your medical liens.

How Yosha Law Helps You Navigate Your Hit-and-Run Claim

Dealing with a hit-and-run accident claim by yourself is overwhelming. Our attorneys will be by your side to help you navigate the process. Here’s how we can help:

• Case evaluation: We’ll give you a free, thorough assessment of your case to determine its strength and potential value.
• Gathering critical evidence: We’ll collect and preserve crucial evidence, including police reports, witness statements, and medical records.
• Dealing with insurance companies: We’ll communicate with all insurance adjusters, so you don’t have to worry about saying the wrong thing.
• Calculating the full value of your damages: We’ll assess all your damages, including future costs, to ensure you seek full compensation for your hit-and-run accident.
• Handling negotiations: We’ll negotiate with insurance companies to secure a fair settlement for you.
• Litigation preparation: It’s possible your case will go to court. We’ll prepare for this, including filing all required documents within legal deadlines.
• Using expert witnesses: We can consult and secure expert witnesses to help strengthen your case.
• Aggressive trial representation: If a fair settlement can’t be reached in mediation, we’ll vigorously represent you in court.
• Ongoing support: Throughout the entire process, we’ll provide guidance and support, keeping you informed at every step.
• We do not charge any upfront costs: We work on a contingency fee basis, meaning we don’t charge you upfront and you only pay if we win your case.

Yosha Law Keeps Your Best Interests in Mind

Yosha Law takes every case seriously, treating each client like family. We communicate with you frequently, visit you at home, and truly get to know you. This lets us fully understand your situation and provide you with the best representation possible. With our approach, the judge, jury, or mediator can feel our sincerity.