Hit & Run Accidents in Indiana
If you were injured in an Indiana hit & run accident, you have legal rights and deadlines to protect.
What you should know
Uninsured motorist coverage (IC 27-7-5-2) is the primary recovery route in most Indiana hit-and-run claims.
What typically causes them
- Driver fleeing to avoid DUI arrest
- Unlicensed or uninsured drivers avoiding detection
- Drivers with outstanding warrants
- Panic or impaired judgment after collision
- Stolen vehicles or vehicles used in crimes
- Undocumented drivers fearing deportation
- Distracted drivers unaware they caused collision
Injuries we see
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones and fractures
- Internal bleeding and organ damage
- Soft tissue injuries and whiplash
- Lacerations and abrasions
- Psychological trauma and anxiety
Steps to take after a hit & run accidents
- 1
Call 911 immediately and provide as much information about the fleeing vehicle as possible, including license plate, make, model, color, and direction of travel.
- 2
Do not attempt to pursue or chase the fleeing driver, as this creates additional danger.
- 3
Note any distinguishing features of the vehicle such as damage, bumper stickers, or modifications while the memory is fresh.
- 4
Look for witnesses who may have seen the accident or the fleeing vehicle and obtain their contact information.
- 5
Check for security cameras in the area from businesses, residences, or traffic cameras that may have captured the incident.
- 6
Report the hit-and-run to your insurance company immediately to begin the uninsured motorist claim process.
Leaving the scene of an accident is a criminal offense under IC 9-26-1-1.1, requiring drivers involved in accidents to stop and exchange information. Hit-and-run involving injury is a Level 6 felony under IC 9-26-1-8, and serious bodily injury elevates it to a Level 5 felony. While criminal prosecution is separate from civil claims, a conviction can support civil liability. When the at-fault driver cannot be identified or located, victims must turn to their own uninsured motorist (UM) coverage under IC 27-7-5-2, which Indiana law requires insurers to offer. Your UM coverage should compensate you to the same extent as if the fleeing driver had insurance. IC 34-51-2-6 comparative fault rules do not typically bar recovery in hit-and-run cases unless you were substantially at fault. Prompt reporting to police and your insurer is critical to preserve UM claim rights.
Hit-and-run victims in Indiana typically recover damages through their own uninsured motorist coverage when the at-fault driver cannot be identified or lacks insurance. UM coverage provides compensation for medical expenses, lost income, property damage, pain and suffering, and other damages you would have recovered from the at-fault driver. Your UM policy limits cap the maximum recovery, making adequate coverage essential. Economic damages include all medical treatment, rehabilitation, lost wages, and reduced earning capacity. Non-economic damages compensate for pain, suffering, emotional distress, and reduced quality of life. If the hit-and-run driver is later identified, you may pursue additional compensation directly from that driver and potentially recover punitive damages for fleeing the scene. Your insurance company may seek reimbursement from the at-fault party if identified.
IC 34-11-2-4 provides a two-year deadline for filing personal injury lawsuits from hit-and-run accidents. This applies both to claims against identified at-fault drivers and to uninsured motorist claims against your own insurance company for compensation.
Don't let an Indiana hit & run accidents ruin your future.
The clock is ticking on Indiana's 2-year statute of limitations. Get a free, no-obligation case review now.