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TL;DR: Indianapolis Hit and Run Accident Claims

Quick Answer: Can I get compensation if the driver who hit me fled?

Yes-even if the driver is never found. Your own Uninsured Motorist (UM) coverage pays for hit-and-run injuries. If the driver is identified, you can sue them directly. We also investigate to find fleeing drivers through surveillance footage, witnesses, debris analysis, and police reports.

  • UM Coverage Is Key: Your own uninsured motorist policy covers hit-and-run injuries-even if the driver is never found.
  • We Find Fleeing Drivers: Surveillance cameras, witness canvassing, debris analysis, and social media can identify hit-and-run drivers.
  • Criminal Charges Help Your Case: If police find the driver, criminal prosecution strengthens your civil claim.
  • Time Is Critical: Surveillance footage is often deleted within days. Act immediately.
  • No Fee Unless We Win: Free consultation. Call 317-969-8000.

 

Indianapolis Hit and Run Accident Lawyer - We Track Down Fleeing Drivers

Emerson Divorce and Accident Injury Attorneys - Indianapolis Hit and Run Accident Lawyers
Our team has represented hit and run accident victims at Marion County Superior Court for over 20 years

One moment you were driving normally. The next, another vehicle slammed into you-and then sped away, leaving you injured, confused, and wondering how you'll ever get compensation when you don't even know who hit you.

Hit and run accidents are devastating not just physically, but emotionally. The cowardice of a driver who flees the scene adds insult to injury. In Indiana, hit and run is a crime-but that doesn't automatically get you compensated for your injuries.

The good news: you have options even if the driver is never identified. And often, we can find them. At Emerson Divorce and Accident Injury Attorneys, our Indianapolis hit and run accident lawyers know how to track down fleeing drivers through surveillance footage, witness interviews, debris analysis, and investigative techniques. When drivers can't be found, we maximize recovery through your own insurance.

Headquarters in Carmel with offices in Fishers and Zionsville-serving hit and run accident victims in Indianapolis, Hamilton County, and throughout Indiana.

Free consultation: 317-969-8000


Watch: What to Do After a Hit and Run Accident in Indianapolis

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Key Topics Covered in This Video:

  • Immediate Steps After a Hit and Run
    Preserving evidence before it disappears
  • Finding the Fleeing Driver
    Cameras, witnesses, debris, investigation
  • UM Coverage Explained
    How your own insurance pays for hit-and-runs
  • When to Call a Lawyer
    Time-sensitive evidence requires fast action

Ready to Discuss Your Hit and Run Case?

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Free consultation • No fees unless we win • Available 24/7

? Read Video Transcript (Click to Expand)

Jill Bracken-Emerson: "Hi, I'm Jill Bracken-Emerson, a hit and run accident attorney serving Indianapolis and Hamilton County. If someone hit you and fled the scene on I-465, downtown Indianapolis, or anywhere in Central Indiana, this video will explain your legal rights and recovery options."

[Add your actual video transcript here]

Note: This transcript is provided for accessibility and SEO purposes. For the complete visual presentation, please watch the video above.

What To Do After a Hit and Run in Indianapolis

What to do after a hit and run accident - step by step checklist
Critical steps to identify the fleeing driver and protect your claim

At the Scene - Every Second Counts

  1. Do NOT chase the fleeing driver: It's dangerous and illegal. Stay at the scene.
  2. Call 911 immediately: Report the hit and run while details are fresh. This creates an official record.
  3. Note everything you remember: Vehicle color, make, model, partial plate numbers, direction of travel, driver description.
  4. Look for witnesses: Other drivers, pedestrians, nearby business employees. Get their contact information.
  5. Identify cameras: Traffic cameras, business surveillance, ATMs, doorbell cameras-note their locations.
  6. Check for debris: Parts from the fleeing vehicle can identify make/model. Don't move them-photograph in place.
  7. Document your vehicle: Photograph all damage, including paint transfer from the other vehicle.
  8. Preserve your dashcam: If you have one, it may have captured the vehicle or plate.

After the Scene

  1. Seek medical attention: Even if you feel okay. Document your injuries.
  2. Contact your insurance: Report the hit and run to trigger UM coverage.
  3. Call an attorney immediately: Surveillance footage is often deleted within 24-72 hours.
  4. Check social media: Local community groups sometimes post about hit-and-runs and witnesses come forward.
  5. File a police report: If you didn't at the scene, do it as soon as possible.

How We Find Hit and Run Drivers

Good News: Many hit and run drivers are found. Police solve some cases, but we conduct our own investigation to maximize your chances of identifying the driver and recovering full compensation.

Surveillance Footage

  • Traffic cameras: INDOT and city cameras may capture the crash or fleeing vehicle
  • Business surveillance: Gas stations, stores, restaurants, banks often have exterior cameras
  • Red light cameras: May capture vehicles passing through intersections
  • Parking lot cameras: Malls, office buildings, apartment complexes
  • Doorbell cameras: Residential Ring/Nest cameras increasingly capture street activity

Time-Critical: Most businesses delete footage within 24-72 hours. We send preservation letters immediately.

Physical Evidence

  • Debris analysis: Broken headlights, mirrors, trim pieces can identify vehicle make/model/year
  • Paint transfer: Color and type can narrow down vehicle possibilities
  • Tire marks: Tire size and tread pattern provide clues
  • Damage patterns: Height and location of damage indicate vehicle type

Witness Investigation

  • Scene canvassing: Interviewing people who live or work nearby
  • Follow-up with bystanders: Witnesses who didn't stay may have seen the vehicle
  • Delivery drivers: UPS, FedEx, Amazon drivers often witness crashes

Digital Investigation

  • Social media: Drivers sometimes post about accidents or brag about fleeing
  • Community groups: Neighborhood apps and Facebook groups often discuss local incidents
  • Body shop inquiries: Damaged vehicles need repair-we alert local shops

Police Investigation Support

  • Sharing evidence: Information we gather can help police identify suspects
  • Pushing for investigation: Advocating for resources to be devoted to your case
  • License plate databases: Partial plates can be run through DMV systems

Uninsured Motorist Coverage: Your Safety Net for Hit and Runs

Key Point: Your own Uninsured Motorist (UM) coverage applies to hit-and-run accidents-even if the other driver is never identified. This is often your primary source of recovery.

How UM Coverage Works for Hit and Runs

  • UM coverage treats hit-and-run drivers as "uninsured" motorists
  • Your policy pays for your injuries up to your coverage limits
  • You don't need to identify the other driver to file a claim
  • You must report the hit and run to police (usually within 24 hours)
  • Physical contact requirement: In Indiana, there generally must be actual contact between vehicles

What UM Coverage Pays For

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Other damages you'd recover from an at-fault driver

UM Coverage Limits

Indiana requires insurers to offer UM coverage, but you can reject it in writing. Check your policy for your limits. Common amounts:

  • State minimum: $25,000 per person / $50,000 per accident
  • Recommended: $100,000 / $300,000 or higher
  • Umbrella policies: May provide additional UM coverage

Fighting Your Own Insurance Company

Unfortunately, insurance companies often fight UM claims just as hard as they fight third-party claims. They may:

  • Dispute that a hit and run occurred
  • Question the severity of your injuries
  • Delay processing your claim
  • Offer lowball settlements

An attorney ensures you receive the full value of your UM claim.

Criminal vs. Civil Cases: Understanding the Difference

Criminal Case

If the hit and run driver is identified, they face criminal charges:

  • Leaving the scene of an accident (IC § 9-26-1): Class B misdemeanor to Class C felony depending on injuries
  • Property damage only: Class B misdemeanor (up to 180 days jail, $1,000 fine)
  • Bodily injury: Class A misdemeanor (up to 1 year jail, $5,000 fine)
  • Serious bodily injury: Level 6 felony (6 months to 2.5 years prison)
  • Death: Level 5 felony (1 to 6 years prison)

Civil Case

Your civil lawsuit is separate from criminal prosecution:

  • You don't need a criminal conviction to win civil damages
  • Different burden of proof (preponderance of evidence vs. beyond reasonable doubt)
  • You control the civil case; the prosecutor controls the criminal case
  • A criminal conviction helps your civil case but isn't required

How Criminal Proceedings Help Your Civil Case

  • Identification: Police investigation may find the driver
  • Evidence: Criminal discovery provides useful information
  • Admissions: Statements to police can be used in civil case
  • Conviction: Proves the driver's fault
  • Restitution: Courts may order the driver to pay you as part of sentencing

Common Injuries from Hit and Run Accidents

Hit and run accidents cause the same injuries as other crashes, but victims often face additional trauma from the injustice of the driver fleeing:

Physical Injuries

Pedestrian and Cyclist Hit and Runs

When pedestrians or cyclists are hit, injuries are often catastrophic:

Emotional Trauma

Hit and run victims often suffer significant psychological harm:

  • PTSD: Reliving the crash, especially the abandonment
  • Anxiety: Fear of driving, being in traffic
  • Anger and frustration: At the injustice of the driver fleeing
  • Depression: Feeling victimized and helpless

Compensation Available in Indianapolis Hit and Run Cases

Sources of Recovery

1. The At-Fault Driver (If Found)

  • Their liability insurance
  • Their personal assets
  • Criminal restitution

2. Your Own Insurance (If Driver Not Found or Underinsured)

  • Uninsured Motorist (UM) coverage: Primary source for hit-and-runs
  • Underinsured Motorist (UIM) coverage: If driver found but has low limits
  • MedPay/PIP: Immediate medical expense coverage
  • Collision coverage: Vehicle damage

3. Other Potentially Liable Parties

  • Vehicle owner (if different from driver)
  • Employer (if driver was working)
  • Bar or restaurant (if driver was served while intoxicated)

Types of Damages

  • Medical expenses: Past and future
  • Lost wages: Time missed from work
  • Lost earning capacity: If permanently disabled
  • Pain and suffering: Physical and emotional
  • Property damage: Vehicle repair or replacement
  • Punitive damages: If driver found and conduct was egregious

Typical Case Values

  • Moderate injuries (recovery within months): $25,000-$75,000
  • Serious injuries requiring surgery: $75,000-$250,000
  • Severe injuries with lasting effects: $250,000-$750,000
  • Catastrophic injuries: $500,000-$2,000,000+
  • Wrongful death: $1,000,000-$5,000,000+

Note: Recovery may be limited by available insurance coverage if the driver isn't found.

Indiana Law for Hit and Run Accident Claims

Hit and run accident legal process timeline
The hit and run accident claims process

Key Indiana Statutes

  • Duty to Stop (IC § 9-26-1-1): Drivers involved in accidents must stop immediately.
  • Duty to Give Information (IC § 9-26-1-2): Must provide name, address, registration, and show license.
  • Statute of Limitations (IC § 34-11-2-4): 2 years to file a civil lawsuit.
  • Comparative Fault (IC § 34-51-2-6): You can recover if less than 51% at fault.

Criminal Penalties for Hit and Run

Situation Classification Potential Penalty
Property damage only Class B Misdemeanor Up to 180 days, $1,000 fine
Bodily injury Class A Misdemeanor Up to 1 year, $5,000 fine
Serious bodily injury Level 6 Felony 6 months to 2.5 years prison
Death Level 5 Felony 1 to 6 years prison

UM Coverage Requirements

Indiana law requires insurers to offer UM coverage equal to your liability limits. You can reject it in writing, but we strongly recommend maintaining high UM limits-they protect you from hit-and-runs and uninsured drivers.

Frequently Asked Questions

Can I get compensation if the hit and run driver is never found?

Yes. Your own Uninsured Motorist (UM) coverage applies to hit-and-run accidents. You can recover medical expenses, lost wages, and pain and suffering up to your policy limits-even if the driver is never identified.

How do you find hit and run drivers?

Through surveillance footage (traffic cameras, business cameras, doorbell cameras), witness interviews, debris analysis to identify vehicle make/model, paint transfer, social media investigation, and body shop alerts. We act quickly because footage is often deleted within 24-72 hours.

What should I do immediately after a hit and run?

Don't chase the driver. Call 911 immediately and report everything you remember-vehicle color, make, model, partial plates, direction of travel. Look for witnesses and nearby cameras. Photograph debris and damage. Then call an attorney to preserve evidence before it disappears.

What is Uninsured Motorist coverage and do I have it?

UM coverage is part of your auto insurance that pays for injuries caused by uninsured or hit-and-run drivers. Indiana requires insurers to offer it, but you may have rejected it. Check your policy-if you have it, it's your primary source of recovery in hit-and-run cases.

Is hit and run a criminal offense in Indiana?

Yes. Leaving the scene of an accident ranges from a Class B misdemeanor (property damage only) to a Level 5 felony (if someone dies). Criminal prosecution is separate from your civil claim for damages.

How long do I have to file a hit and run claim?

2 years to file a civil lawsuit under Indiana's statute of limitations. But you should report the hit and run to police immediately (required for UM claims) and contact an attorney within days to preserve surveillance footage.

Can I sue my own insurance company after a hit and run?

Yes, in a sense. Your UM claim is against your own insurance company. If they deny your claim, delay unreasonably, or offer an unfair settlement, you can pursue legal action. Having an attorney often prevents these tactics.

What if the hit and run driver had no insurance?

If the driver is found but has no insurance, your UM coverage still applies. You can also pursue the driver personally for their assets, though collecting from uninsured individuals is often difficult.

Does a criminal conviction help my civil case?

Yes. A criminal conviction for hit and run establishes the driver's fault and provides evidence for your civil case. However, you don't need a conviction to win civil damages-the burden of proof is lower in civil court.

How much is a hit and run case worth?

Depends on injury severity and available coverage. Moderate injuries: $25,000-$75,000. Serious injuries: $75,000-$250,000. Catastrophic injuries: $500,000-$2,000,000+. Recovery may be limited by UM coverage limits if the driver isn't found.

Related Practice Areas

Car Accidents
Pedestrian Accidents
Bicycle Accidents
Types of Injuries

Hit and Run Victim? We'll Track Them Down-Or Get You Paid Anyway

We investigate to find fleeing drivers and maximize recovery through all available sources. Time is critical-call now.

Call 317-969-8000
Free Case Review

No fee unless we win. Headquarters in Carmel serving Indianapolis, Hamilton County & all of Indiana.

You Are Our Top Priority

We are available by phone 24/7 to discuss your case, and we make it a priority to answer all of your questions as soon as possible. We provide every potential client with a free initial consultation so we can listen to your story and prepare a plan of action. We are passionate about the law and will lay out all of your options, so you are fully prepared to move forward. For compassionate, honest, and dedicated legal representation from Emerson Divorce and Accident Injury Attorneys, L.L.C., contact us today. There is no cost to talk to us about your case.

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