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Many drivers flee because they lack insurance, have outstanding warrants, or fear DUI charges. Regardless of the reason, a hit-and-run doesn’t mean you’re left without options to recover the accident’s costs.
Knowing the right legal steps to take can help you secure compensation, even if the driver is never found. At Christie Farrell Lee & Bell, we have decades of experience handling hit-and-run cases, and here are the steps we recommend you to follow.
What to Do Immediately After a Hit-and-Run Accident
Acting quickly after a hit-and-run is crucial to improving your chances of recovering damages. Take the following steps after a car accident in Indiana to strengthen your case:
- Call the police – Indiana Code § 9-26-1-1.1 requires drivers to report accidents that result in injuries, fatalities, or significant property damage. Also, a police report creates an official record, which is essential for insurance claims and legal action.
- Gather evidence – Take clear photos of vehicle damage, the accident scene, skid marks, and debris. If nearby security or traffic cameras captured the crash, note their locations.
- Identify the vehicle – If possible, write down the make, model, color, and any visible digits from the license plate. Even partial information can help law enforcement track down the driver.
- Look for witnesses – Speak to any bystanders who saw the crash, and get their contact information. Their testimony could be valuable for insurance claims and lawsuits.
- Seek medical attention – Even if injuries seem minor, getting checked by a doctor is important. Medical records serve as critical evidence when proving damages in a claim.
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Does Insurance Cover Hit-and-Run Accidents in Indiana?
Insurance coverage for a hit-and-run accident depends on your policy. Uninsured motorist (UM) coverage is one of the most effective ways to recover damages, as Indiana law requires insurers to offer it unless the policyholder declines it in writing.
This coverage helps pay for medical expenses, lost wages, and other damages when the at-fault driver cannot be identified. Additionally, collision insurance can cover vehicle repairs after an accident, but policyholders must pay a deductible before their insurer covers the rest.
On the other hand, Medical Payments (MedPay) coverage is an optional add-on that helps with immediate medical bills, regardless of fault. It can cover hospital visits, ambulance fees, and other healthcare costs while waiting for a settlement.
Filing a claim after a hit-and-run can be complex, especially if insurers dispute responsibility or offer low payouts. Our team can guide you through the process of filing a car accident claim in Indiana and ensure you receive the compensation you’re entitled to.
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Legal Consequences for Hit-and-Run Drivers in Indiana
Drivers who flee an accident scene face serious legal consequences, including:
- Criminal penalties – Leaving the scene of an accident that involves injury or death is a felony. Even cases with only property damage can result in misdemeanor charges.
- License suspension – The Indiana Bureau of Motor Vehicles (BMV) can revoke or suspend a hit-and-run driver’s license, depending on the severity of the offense.
- Civil liability – Even if a hit-and-run driver avoids criminal penalties, they can still be held financially responsible for damages, including medical expenses, lost wages, and pain and suffering.
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How to Prove Fault in a Hit-and-Run Case
Proving fault in a hit-and-run case requires a thorough investigation and strategic use of available evidence, such as:
- Police reports: Officers document the accident, interview witnesses, and create an official record that supports your claim.
- Traffic cameras and surveillance footage: Many Indiana intersections and businesses have cameras that may capture the fleeing vehicle.
- Vehicle debris and paint transfers: Damage to your car can contain traces of the hit-and-run driver’s vehicle. Investigators can analyze this to get additional clues.
- Accident reconstruction experts: Specialists examine skid marks, impact angles, and debris patterns to determine how the accident occurred.
You shouldn’t have to face the aftermath of a hit-and-run alone. At Christie Farrell Lee & Bell, we work to establish liability and uphold your legal rights after getting hit by a car in Indiana, ensuring you get the compensation you need to recover.
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How Long Do You Have to File a Claim for a Hit-and-Run in Indiana?
Indiana law sets strict deadlines for filing hit-and-run claims. Under Indiana Code § 34-11-2-4, victims have two years to file a personal injury lawsuit. If you fail to file within this period, you lose your right to seek compensation.
On the other hand, insurance deadlines can be even shorter. Uninsured motorist (UM) claims have filing windows set by individual policies, sometimes as short as 30 days for initial notification. Missing these deadlines could jeopardize your ability to recover damages.
Seeking legal representation early helps ensure all paperwork is filed correctly and within the required timeframe. During a free consultation with a personal injury lawyer from our team, we can assess your case, determine the best legal strategy, and help you take the necessary steps on time.
Can You Sue a Hit-and-Run Driver?
If the hit-and-run driver is found, you can sue them to recover damages for medical expenses, lost wages, pain and suffering, and vehicle repairs. A lawsuit holds them accountable and may result in compensation through a court judgment, but success depends on their financial ability to pay.
This is because collecting damages can be difficult if the at-fault driver lacks insurance or assets. In these cases, we explore other legal options like asset investigations and wage garnishments.
However, if the driver remains unidentified, uninsured motorist (UM) coverage is often the best way to recover compensation. At Christie Farrell Lee & Bell, our team fights to protect your financial recovery. Whether through insurance claims or direct legal action, we work to identify the best path to securing maximum compensation for your injuries.
Contact an Indiana Hit-and-Run Accident Lawyer for a Free Consultation
If you were injured in a hit-and-run, legal guidance can make a difference in how much compensation you receive. An Indianapolis car accident lawyer from our team can guide you through the claims process and fight for the settlement you deserve.
Christie Farrell Lee & Bell has been representing accident victims in Indiana for over 40 years, with a strong record of successful case results. Plus, we don’t charge any fees unless we win your case. Contact us today for a free consultation and case review.
Call 317-488-5500 or complete a Free Case Evaluation form