Could You Be Injured By a Hit-and-Run Motorist?

Indiana law requires a motorist to stop if that motorist crashes into another vehicle, a bicycle, a pedestrian, or causes any other traffic collision. If you’re injured by a hit-and-run driver in or near the Indianapolis area, arrange at once to consult an Indianapolis car accident attorney.

In 2022, hit-and-run accidents accounted for almost fourteen percent of all traffic accidents in Indiana – more than 28,000 of the 206,923 accidents reported statewide. In this state, what are your rights if a hit-and-run motorist injures you?

In cases arising from Indiana traffic accidents, the injured victims of reckless and negligent drivers have the right to sue those drivers for compensation, but what’s your recourse if a reckless or negligent driver injures you, runs from the scene, and cannot be located?

How is “Hit-and-Run” Defined?

If a negligent or reckless motorist injures you in Indiana, you’re entitled under state law to recover compensation for your lost earnings, medical bills, pain and suffering, and related losses. Every accident is unique, but hit-and-run cases may be particularly difficult.

A hit-and-run collision occurs when a driver fails to stop and instead runs from the accident scene. Injured victims know nothing about a hit-and-run driver’s car insurance, and they have none of the other details they need to file a personal injury claim and pursue compensation.

Hit-and-run may be charged as a felony or as a misdemeanor depending on the severity of the crash. If anyone is killed or severely injured, hit-and-run is a felony that may be penalized on conviction with jail or prison, a fine, and an Indiana driver’s license suspension or revocation.

Why Do Drivers Hit-and-Run?

Hit-and-run collisions are often tied to other criminal activity. Someone may run from an accident scene if that person:

  1. has no car insurance
  2. is operating a stolen vehicle
  3. is operating a vehicle while under the influence
  4. is carrying illegal weapons or substances
  5. is the subject of an arrest warrant

Whenever there’s an accident, a driver may flee the scene. If you’re involved in an accident, immediately write down the other driver’s license plate number and the vehicle’s description, and remain alert. The other motorist may try to “bolt” from the scene before the police arrive.

After a Hit-and-Run Accident, Take These Steps

Immediately after an accident, if the other driver flees, write down anything you remember: the vehicle’s model, make, color, and/or license plate number. If there were eyewitnesses to the accident, ask for their names and contact details. A witness may have seen the fleeing motorist.

Offer as much information as you can to your Indianapolis hit-and-run injury lawyer, your auto insurance company, and the police. Have some patience. It may take several weeks for the police to identify, locate, and place the hit-and-run driver under arrest.

If that driver cannot be identified or found, can you still be compensated for your medical costs, lost wages, and other damages? In Indiana, the answer is “maybe.” A great deal will depend on your auto insurance coverage and the specifics of your policy.

Can Your Own Insurance Pay Hit-and-Run Damages?

Indiana requires car insurance providers to offer uninsured motorist (UM) coverage, and if you do not want that coverage, you must reject it in writing. However, it’s coverage you should have. Insurance experts estimate the number of uninsured drivers in Indiana exceeds seven percent.

UM insurance covers your medical costs after an accident if a reckless or negligent driver injures you and that driver has no auto insurance or auto insurance that’s inadequate to pay your claim. The minimum UM coverage in Indiana is:

  1. $25,000 per victim for bodily injury
  2. $50,000 per collision for bodily injuries
  3. $10,000 for damage to property

Could Your UM Claim Be Rejected?

If the driver who injures you in a hit-and-run accident cannot be located and identified, your auto insurance company could reject your uninsured motorist claim.

If your insurance company does not offer you an acceptable settlement amount on the basis of your uninsured motorist coverage, you have two years from the date of the accident to bring a lawsuit against the company to recover your compensation.

As soon as you’re treated for your injury, schedule a consultation with a personal injury lawyer. You can know for certain that your claim is being handled properly only if you are advised and represented from the beginning by an Indianapolis hit-and-run injury lawyer.

What Are Your Other Options?

After a hit-and-run accident, your health insurance may cover most of your medical costs, but you’ll have to cover deductibles and co-pays out-of-pocket, and the amount your health insurance provides will hinge on the details of your policy.

MedPay is optional car insurance coverage that covers medical costs for you and your passengers after an accident and without regard to which driver is at fault. Most car accident-related injuries are covered.

But even if you have comprehensive coverage, if the driver who injured you can’t be identified, an insurance provider may reject your injury claim or offer you less than the claim is worth. The smart approach is to have a personal injury attorney working on your behalf from the beginning.

Take Your Hit-and-Run Injury Claim to the Law Office of Deidra N. Haynes

If a negligent or reckless motorist injures you in the Indianapolis area, whether or not that motorist runs from the scene, you’ll need legal advice and representation from an Indianapolis car accident attorney. Take your case immediately to the Law Office of Deidra N. Haynes.

Even if the driver who injures you does not hit-and-run, your auto insurance company may try to get out of paying what it owes you. An attorney at the Law Office of Deidra N. Haynes will help you meet these challenges and obtain the justice – and the compensation – you need and deserve.

If you’re injured by a hit-and-run driver in or near Indianapolis, schedule a meeting promptly with our legal team by calling the Law Office of Deidra N. Haynes at 317-785-1832. We know how to recover the compensation that injury victims are entitled to by Indiana law.