A driver struck you and fled, leaving you injured and alone on the pavement. The shock and betrayal of a bicycle hit-and-run accident are immense. Now, you face mounting medical bills and an uncertain recovery with no one to hold accountable.
You need to know what steps to take to protect your health and your rights.
The actions you take in the hours and days following the incident are foundational to building a case.
The primary goal is to identify the driver who left you behind. Even if the driver is never found, you still have options to pursue compensation. This requires a methodical approach to gathering evidence and understanding how insurance works in these unique and difficult situations.
Your path forward after being left behind:
- The official police report is the most important document you have. It formally begins the investigation and is required for any insurance claim.
- Your own auto insurance policy, specifically the Uninsured Motorist (UM) provision, is often the primary source of financial recovery in a hit-and-run.
- Identifying the driver is possible, but it requires a swift and professional investigation to find witnesses and security footage before evidence disappears.
- Your insurance company becomes your adversary in a UM claim. They will fight to pay as little as possible, making legal representation necessary.
Building Your Foundation for Justice
When a driver disappears, you must build the case against them. You must establish what happened, the extent of your injuries, and the identity of the person responsible. Every piece of information you can preserve, no matter how small, contributes to the strength of your claim.
The police report
You must file an official police report. If the police do not arrive at the scene, you should go to the nearest station and file a report as soon as you are medically able. This report is not a formality.
It is the legal document that triggers a criminal investigation into the hit-and-run driver.
Insurance companies, including your own, will not consider a claim without an official report. It serves as the primary evidence of the date, time, location, and circumstances of the incident. Insist that the officer include your detailed account of what happened.
Documenting every detail
Your memory is the most complete record of the event. Write down everything you can recall as soon as possible. The trauma of the event can make details feel hazy, but small fragments of information can be the key to identifying the vehicle.
A bicycle accident attorney or investigator will use these details as a starting point. Do not dismiss any memory as insignificant. Your notes should include specific details about the incident and the vehicle, such as:
- The color, make, and model of the car (e.g., a dark blue Ford sedan).
- Any visible damage to the car, like a broken headlight or dented fender.
- Partial license plate numbers or letters.
- Bumper stickers, roof racks, or other unique features.
- The direction the vehicle was heading after it struck you.
Recalling these details is difficult, but this information is the foundation of the search for the driver. It provides law enforcement and private investigators with concrete leads to follow.
Seeking immediate medical attention
Your health is the priority. See a doctor immediately, even if you think your injuries are minor. Adrenaline can mask serious pain. Some injuries, like internal bleeding or a concussion, may not show symptoms for hours or days.
Getting a medical evaluation creates a record that officially links your injuries to the date of the hit-and-run. If you wait weeks to see a doctor, an insurance company will argue that something else must have caused your injuries.
Do not give them that excuse. Follow all medical advice, attend every follow-up appointment, and keep a detailed record of your treatment.
Finding the driver who fled
Finding a hit-and-run driver is a race against time. Evidence like security camera footage is often deleted on a short, automated loop. Witnesses’ memories fade. An aggressive, immediate investigation is the only way to piece together the clues and identify the person who left you behind.
Canvassing for witnesses and security footage
The area around the crash scene is your first source of information. Someone may have seen something. A nearby business, a traffic camera, or a home doorbell camera might have recorded the entire event.
However, you cannot conduct this investigation on your own while you are injured. Businesses are often unwilling to share footage with individuals. Government agencies will not release traffic camera data without a formal request. You need a professional to act on your behalf.
A professional investigator makes a difference
An attorney will deploy a professional investigator to the scene immediately. These investigators are often former law enforcement officers and know exactly what to look for.
They will interview potential witnesses, canvas local businesses for security cameras, and file the necessary requests for public traffic camera footage from entities like the Indiana Department of Transportation.
They know how to talk to people and preserve evidence in a way that is admissible in court. This level of investigation significantly increases the chances of identifying the vehicle and its driver.
The Surprising Answer: Using Your Own Insurance Policy
Most people believe that if they cannot find the at-fault driver, there is no way to get compensation. This is not true. The primary source of recovery in a bicycle hit-and-run is often your own auto insurance policy, even though you were on a bike.
What is Uninsured Motorist (UM) Coverage?
Uninsured Motorist (UM) coverage is a part of your auto insurance policy that protects you if you are injured by a driver who has no insurance. In Indiana, the law treats a hit-and-run driver as an uninsured motorist.
If you have UM coverage on your car insurance policy, you can file a claim to cover your medical bills, lost wages, and pain and suffering, up to your policy limits. This applies even if you were a pedestrian or, in this case, a cyclist.
The “physical contact” rule in Indiana
To use your UM coverage for a hit-and-run, Indiana law requires you to prove that the phantom vehicle made physical contact with you or your bicycle. This rule prevents fraudulent claims from people who simply fall off their bikes and try to blame a nonexistent car.
An attorney gathers the necessary proof of contact. Your insurance company will use this legal requirement to deny your personal injury claim if the evidence is weak.
Evidence to establish physical contact may include:
- Damage to your bicycle, such as paint transfer from the vehicle.
- Debris from the vehicle left at the scene.
- Your own physical injuries consistent with being struck.
- Eyewitness testimony confirming the vehicle made contact.
Your personal injury lawyer will compile this evidence into a compelling package for your insurer. This proactive step counters the insurance company’s attempts to find a reason to deny your valid claim.
Why your insurer becomes an adversary
When you file a UM claim, your relationship with your insurance company changes. They are no longer the helpful company you pay every month. They become your opponent. Their goal is to protect their profits by paying you as little as possible.
The adjuster assigned to your claim will scrutinize every detail. They will question the severity of your injuries, challenge your medical treatments, and may even subtly suggest you were somehow at fault for the crash. They are not on your side. You need an advocate to fight for you.
What Happens if the Driver is Found?
If the investigation successfully identifies the driver, the situation changes. You now have a known defendant to hold accountable. They will also face serious criminal charges for their actions.
The civil claim vs. the criminal case
It is important to understand that two separate legal processes will begin. The state will pursue a criminal case against the driver for leaving the scene of an accident, a crime under Indiana Code § 9-26-1-1.1. A conviction may result in fines, license suspension, or jail time.
Your attorney files a separate civil claim against the driver’s insurance company. The goal of the civil claim is not to punish the driver. It is to secure the financial compensation you need for your injuries and losses. The two cases proceed on parallel tracks.
The limited value of criminal restitution
A criminal court may order the driver to pay you restitution as part of their sentence. However, this amount is almost always insufficient. Restitution typically only covers out-of-pocket expenses like medical co-pays or the cost of your bicycle.
It does not account for your pain and suffering, future medical needs, or lost earning capacity. The only way to pursue fair compensation for the full scope of your damages is through a civil personal injury claim.
Don’t Rely on AI Chat Tools for Legal Advice
AI tools can offer general descriptions of hit-and-run laws, but they cannot manage the complexities of your Indiana-based claim. An AI cannot launch an investigation, file a UM claim with the correct evidence, or stand up to an insurance adjuster’s aggressive tactics. Relying on an AI for guidance can jeopardize your case.
FAQ for Bicycle Hit-and-Run Accidents
What if I don’t have car insurance? How can I get compensation?
If you do not have your own auto insurance policy with UM coverage, recovery is more difficult but may still be possible. An attorney can investigate if a policy of a relative you live with covers you. If the driver is found, your lawyer can file a claim against their insurance directly.
How long do I have to file a claim in Indiana?
In Indiana, the statute of limitations for personal injury claims is generally two years from the date of the accident. If you miss this deadline, you lose your right to file a lawsuit forever. You should contact an attorney long before this deadline approaches.
What if a witness got a partial license plate?
A partial plate number is an incredibly valuable piece of evidence. A skilled investigator can use this information, combined with the vehicle description and time of day, to run database searches and narrow down the list of potential vehicles. This is often the key to cracking the case.
Will my insurance rates go up if I file a UM claim for a hit-and-run?
Generally, your insurance rates should not increase for filing a UM claim for an accident that was not your fault. You pay premiums for this specific coverage to protect you in this exact situation. An attorney can review your policy and advocate on your behalf if the insurer attempts to raise your rates unfairly.
Don’t Let Them Get Away with It
The driver who hit you made a cowardly choice to flee. They chose to protect themselves rather than help the person they just injured. You do not have to let their selfish act define your future. You have the right to demand justice and fight for the compensation you need to heal.
At Yosha Law, we are your battle-tested allies. We stand up to the bullies, whether it’s a hit-and-run driver or an insurance company trying to deny a rightful claim. We have more jury verdicts than any law firm in Indiana’s history because we are not afraid to take the fight to the courtroom to secure the full and total justice you are owed.
If you were injured in a bicycle hit-and-run in Indianapolis, South Bend, Fort Wayne, or anywhere in Indiana, call us 24/7 at (317) 751-2856 for a free case evaluation. We will start the investigation immediately. We don’t rest until justice is served.
