Being involved in a car accident can be stressful enough, but the situation becomes even more frustrating when the responsible driver leaves the scene. Hit-and-run accidents can leave victims facing serious injuries, expensive medical bills, and uncertainty about who will pay for their losses. Without the other driver's insurance information, recovering compensation may seem impossible.
Fortunately, Indiana law provides several potential avenues for recovering damages after a hit-and-run accident. Depending on the circumstances, victims may be able to pursue compensation through uninsured motorist coverage, other available insurance benefits, or a personal injury claim if the fleeing driver is identified.
For individuals injured in Indianapolis, understanding these options is an important step toward protecting their financial interests and obtaining the compensation they may need.
What Happens After a Hit-and-Run Accident in Indiana?
Indiana law generally requires drivers involved in accidents to stop, remain at the scene, and fulfill certain responsibilities, particularly when an accident causes injury or property damage.
Under Indiana Code Section 9-26-1-1.1, drivers involved in qualifying accidents must take specific actions, which may include providing identifying information, rendering reasonable assistance to injured individuals, and notifying authorities.
Leaving the scene without fulfilling these obligations can result in criminal penalties, with the severity depending on the circumstances.
However, criminal charges against a fleeing driver are separate from an injured person's right to seek compensation.
Even when police cannot immediately identify the responsible driver, the injured person may still have insurance coverage available to help pay for accident-related losses.
Can You Recover Compensation if the Hit-and-Run Driver Is Never Found?
Yes. In some circumstances, Indianapolis hit-and-run victims can recover compensation even when the responsible driver is never identified.
One of the most important potential sources of recovery is uninsured motorist coverage.
Indiana generally requires automobile insurers to offer uninsured and underinsured motorist coverage with qualifying policies, although policyholders may reject that coverage in writing.
If you purchased uninsured motorist coverage, it may provide compensation for bodily injuries caused by an unidentified hit-and-run driver, subject to the policy's terms and applicable law.
However, coverage is not automatic in every case.
Some policies contain specific requirements involving accident reporting, notice to the insurer, corroborating evidence, or physical contact between vehicles. Whether a particular restriction is enforceable depends on the policy and Indiana law.
Our Indianapolis car accident attorneys can review available insurance coverage and help determine which compensation options may apply after a hit-and-run collision.
How Does Uninsured Motorist Coverage Work After a Hit-and-Run?
Uninsured motorist coverage is intended to provide certain benefits when an insured person is injured by a driver who lacks applicable liability insurance or qualifies as uninsured under the policy and governing law.
In a hit-and-run accident, the responsible driver may be treated as uninsured when their identity cannot be established and the applicable coverage requirements are satisfied.
Depending on the circumstances, uninsured motorist bodily injury coverage may help compensate victims for:
- Medical expenses related to the collision.
- Lost wages caused by accident-related injuries.
- Future medical treatment and rehabilitation.
- Physical pain and suffering.
- Other legally recoverable injury-related damages.
For example, suppose an Indianapolis driver is struck by another vehicle that immediately leaves the scene. The injured driver suffers a broken arm and requires several weeks away from work.
If the fleeing driver cannot be located, the victim may be able to pursue an uninsured motorist claim through their own automobile insurance policy.
Importantly, uninsured motorist bodily injury coverage does not necessarily cover vehicle repairs. Property damage coverage depends on the policy and any applicable collision or uninsured motorist property damage benefits.
What if Police Eventually Identify the Driver Who Fled?
If authorities identify the responsible driver, an injured person may be able to pursue compensation through that driver's liability insurance.
Indiana follows an at-fault automobile insurance system, meaning the driver legally responsible for a collision may be liable for the resulting damages.
If the identified driver lacks sufficient insurance, uninsured or underinsured motorist coverage may still be relevant.
In some cases, injured individuals may pursue a personal injury lawsuit against the responsible driver.
However, identifying a hit-and-run driver does not automatically establish that the driver caused the collision. Evidence must still support the underlying liability claim.
Police reports, witness statements, traffic camera recordings, vehicle damage, and other documentation may help establish what occurred.
What Should You Do Immediately After a Hit-and-Run Accident?
The actions taken after a hit-and-run collision can affect both your health and your ability to recover compensation.
If you are involved in a hit-and-run accident in Indianapolis, consider the following steps:
- Contact law enforcement. Report the collision promptly and provide any identifying information about the fleeing vehicle.
- Seek medical attention. Some injuries, including concussions and soft tissue injuries, may not be immediately apparent.
- Document the scene. Photograph vehicle damage, roadway conditions, debris, and visible injuries when it is safe to do so.
- Identify witnesses. Obtain contact information from anyone who observed the accident.
- Preserve available evidence. Record the fleeing vehicle's description, license plate information, direction of travel, or other identifying details.
- Notify your insurance company. Report the collision within applicable policy deadlines without making unsupported assumptions about fault or injuries.
Nearby businesses, traffic cameras, or residential security systems may also have recorded the collision.
Because surveillance footage can be deleted or overwritten, preserving this evidence promptly may be particularly important.
What Compensation Can You Recover After a Hit-and-Run?
The compensation available after an Indianapolis hit-and-run accident depends on the severity of the injuries, the applicable insurance coverage, and whether the responsible driver can be identified.
Potential damages in a personal injury claim may include medical bills, future treatment expenses, lost income, diminished earning capacity, and pain and suffering.
Victims may also be able to pursue compensation for property damage through an appropriate insurance claim or against the responsible driver.
For example, an injured person who requires surgery and months of physical therapy may experience financial losses extending well beyond their initial emergency room expenses.
Evaluating these long-term consequences is important before accepting a final insurance settlement.
Insurance policy limits, exclusions, deductibles, and other contractual provisions can also affect the amount ultimately recoverable.
Can You Still Recover Compensation if You Were Partially at Fault?
Potentially. Indiana follows a modified comparative fault system in most negligence cases.
Under Indiana Code Section 34-51-2, an injured person's compensation may be reduced according to their percentage of fault.
In cases governed by Indiana's Comparative Fault Act, a claimant generally cannot recover damages if their fault exceeds 50 percent of the total fault involved.
For example, if a driver is found 20 percent responsible for a collision and their recoverable damages total $100,000, their award may be reduced to $80,000.
However, comparative fault rules can operate differently depending on the parties and type of claim. Insurance contract disputes may also involve separate legal considerations.
An attorney can evaluate how these rules may affect a particular hit-and-run case.
How Long Do You Have to File a Hit-and-Run Claim in Indiana?
Most Indiana personal injury lawsuits are subject to a two-year statute of limitations under Indiana Code Section 34-11-2-4.
Generally, this means an injured person must file a lawsuit within two years of the accident, although exceptions may apply.
Claims against government entities may involve substantially shorter notice deadlines.
Insurance policies may also establish separate reporting requirements or deadlines for uninsured motorist claims.
Waiting too long can make it harder to preserve evidence, identify the fleeing driver, or pursue available compensation.
For these reasons, injured individuals should review their legal and insurance options as soon as reasonably possible.
Speak With an Indianapolis Hit-and-Run Accident Attorney
A hit-and-run accident can leave you facing serious injuries and financial uncertainty, especially when the responsible driver cannot be located. However, you may still have options for recovering compensation through available insurance coverage or a personal injury claim.
At Flores Law Group, we represent individuals injured in car accidents throughout Indianapolis and surrounding Indiana communities. Our attorneys can investigate the circumstances of a hit-and-run collision, review available insurance policies, and help you pursue compensation for your losses.
If you or a loved one has been injured by a driver who fled the scene, contact Flores Law Group to discuss your situation and learn how we may be able to help.
