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Indianapolis Hit and Run Accident Lawyers

Fighting for Justice When Drivers Flee the Scene

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Hit and Run Accident

What Indianapolis Hit and Run Victims Need to Know

Indianapolis is experiencing an unprecedented surge in hit and run accidents. IMPD crash data show that hit-and-run incidents occur every 2.4 hours in our city, with more than 4,000 cases reported annually. These aren't just statistics, but represent real families dealing with injuries, property damage, and the shocking reality that someone hit them and simply drove away.

Here's what every Indianapolis hit and run victim needs to understand immediately:

Criminal vs. Civil Cases: Two Different Fights

When police investigate a hit and run, that's the criminal case against the driver. You need a separate civil case to recover compensation for your injuries and damages. These are completely different legal processes with different goals:

  • Criminal case: Prosecuted by Marion County — focuses on punishment.
  • Civil case: Your personal injury claim — focuses on compensation.

Most importantly, you can pursue compensation even if the police never identify the driver. Indiana law requires all drivers to carry uninsured motorist coverage, which protects you when hit and run drivers flee.

Why Drivers Run from Accident Scenes

Understanding why drivers flee helps build stronger cases. The most common reasons include:

  • Driving under the influence — avoiding DUI charges.
  • No insurance or expired coverage — can't afford to be caught.
  • Suspended or revoked license — already in legal trouble.
  • Outstanding warrants — avoiding arrest on other charges.
  • Panic and poor judgment — especially among younger drivers.
  • Driving stolen vehicles — can't explain their presence.

Each of these factors can strengthen your civil case because they show the driver's willfulness in leaving the scene.

Indiana Hit and Run Laws Are Serious

Under Indiana Code § 9-26-1-1.1, drivers involved in accidents must stop, provide identification, render aid, and call police. Fleeing the scene isn't just morally wrong, but a serious crime that escalates based on the severity of injuries:

Offense Level Circumstances Maximum Penalty
Class B Misdemeanor Property damage only 180 days, $1,000 fine
Class A Misdemeanor Bodily injury 1 year, $5,000 fine
Level 6 Felony Serious injury + prior conviction 2.5 years, $10,000 fine
Level 5 Felony Death results 6 years, $10,000 fine
Level 3 Felony Intoxicated driver + death 16 years, $10,000 fine

These criminal penalties demonstrate how seriously the state of Indiana treats hit-and-run drivers. When building your civil case, these potential charges demonstrate the driver's liability and reckless behavior.

Steps to Take Immediately After an Indianapolis Hit and Run

The first hour after a hit and run accident determines the strength of your case. Follow these critical steps to protect your legal rights and maximize your chances of identifying the driver:

1. Stay Safe and Get to Safety

  • Move out of traffic if possible, but don't chase the fleeing driver.
  • Turn on hazard lights and set up flares if available.
  • Get yourself and your passengers out of immediate danger.

2. Call 911 Immediately

  • Report the hit and run to Indianapolis Metropolitan Police: (317) 327-3811.
  • Request emergency medical attention even for "minor" injuries.
  • Ask for the police report number for your records.

3. Document Everything at the Scene

  • Take photos of all vehicle damage from multiple angles.
  • Photograph the accident scene, including skid marks and debris.
  • Record the exact location, time, weather, and traffic conditions.
  • Note any security cameras nearby (businesses, traffic lights, doorbell cameras).

4. Gather Witness Information

  • Get names, phone numbers, and addresses of all witnesses.
  • Ask witnesses to describe what they saw in their own words.
  • Record witness statements on your phone if possible.
  • Don't let witnesses leave without getting their information.
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5. Collect Physical Evidence

  • Look for parts of the fleeing vehicle (bumper pieces, mirrors, paint chips).
  • Take photos of tire marks, fluid leaks, or debris.
  • Save any clothing or personal items damaged in the crash.
  • Note the direction the other vehicle traveled when fleeing.

6. Seek Medical Attention Immediately

  • Go to the emergency room even if you feel "fine."
  • Adrenaline can mask serious injuries for hours or days.
  • Create a medical record linking your injuries to the accident.
  • Follow up with your regular doctor within 24-48 hours.

7. File a Police Report

  • Provide detailed information about the fleeing vehicle.
  • Include any partial license plate numbers, vehicle description, or driver details.
  • Request a copy of the police report once filed.
  • Ask about the case number and the investigating officer’s name.

8. Contact an Indianapolis Hit and Run Attorney

  • Call within 24 hours to protect crucial evidence.
  • Don't speak to insurance companies before consulting an attorney.
  • Time is critical because evidence disappears and witnesses forget.

9. Report to Your Insurance Company

  • Notify your insurer about the hit and run.
  • File an uninsured motorist claim if the driver isn't found.
  • Don't accept quick settlement offers without legal representation.
Following these steps immediately after your hit and run gives you the best chance of identifying the driver and recovering full compensation for your injuries.

How Indiana Law Protects Hit and Run Victims

Indiana has specific laws designed to protect victims of hit-and-run accidents. Understanding these protections helps you recover compensation even when drivers flee and are never caught.

Uninsured Motorist Coverage: Your Primary Protection

Every Indiana automobile insurance company must offer uninsured motorist (UM) coverage under Indiana Code § 27-7-5-2. However, drivers may sign a written waiver if they do not want to purchase UM/UIM coverage. This coverage protects you when you're hit by:

  • Drivers without insurance
  • Drivers who flee the scene and are never identified
  • Drivers with insurance limits too low to cover your damages

UM coverage is automatically included in your policy unless you reject it in writing. Most drivers don't realize they have this protection, but it's often the primary way to recover compensation in hit and run cases.

Indiana's Minimum Insurance Requirements

Indiana requires all drivers to carry:

  • $25,000 bodily injury liability per person
  • $50,000 bodily injury liability per accident
  • $25,000 property damage liability

These minimum limits are often inadequate for serious injuries. That's why UM coverage is critical because it fills the gap when the at-fault driver has insufficient or no insurance.

MedPay Coverage for Immediate Medical Bills

Many Indiana drivers also carry Medical Payments (MedPay) coverage, which pays medical bills immediately, regardless of who caused the accident. This coverage helps with:

  • Emergency room visits and ambulance transport
  • Surgery and hospitalization costs
  • Follow-up medical appointments
  • Physical therapy and rehabilitation

MedPay doesn't require you to prove fault, but simply pays medical bills up to your policy limits while you pursue your larger claim.

MedPay Coverage for Immediate Medical Bills

The Two-Year Statute of Limitations

Indiana Code § 34-11-2-4 gives you exactly two years from the date of your hit and run accident to file a lawsuit. This deadline is absolute. If you miss it by even one day, you lose your right to compensation forever.

The clock starts ticking on the date of your accident, not when the driver is identified or arrested. Don't wait for the police to solve the case before protecting your legal rights.

Comparative Fault Rules Won't Limit Most Hit and Run Victims

Indiana follows a modified comparative fault system under Indiana Code § 34-51-2-5. If you're found partially at fault for the accident, your compensation is reduced by your percentage of fault. However, if you're more than 50% at fault, you recover nothing.

Hit and run cases rarely involve comparative fault issues because drivers who flee are almost always 100% responsible for the accident. After all, if you were significantly at fault, why would they run?

Compensation Available in Indianapolis Hit and Run Cases

Hit and run victims can recover substantial compensation for their injuries and losses. Understanding what damages are available helps you fight for the full compensation you deserve.

Economic Damages: Your Financial Losses

Medical Expenses:

  • Emergency room treatment and hospitalization
  • Surgery, medications, and medical equipment
  • Physical therapy and rehabilitation
  • Ongoing medical care and future treatment needs
  • Mental health counseling for trauma

Lost Wages:

  • Time off work for medical treatment
  • Reduced earning capacity due to disabilities
  • Lost opportunities and career advancement
  • Benefits and retirement contributions lost

Property Damage:

  • Vehicle repair or total loss replacement
  • Personal property damaged in the crash
  • Rental car expenses during repairs
  • Diminished value of your repaired vehicle

Non-Economic Damages: Your Personal Suffering

Pain and Suffering:

  • Physical pain from your injuries
  • Emotional distress and anxiety
  • Loss of enjoyment of life's activities
  • Impact on relationships and family life

Permanent Disabilities:

  • Scarring and disfigurement
  • Chronic pain and mobility limitations
  • Cognitive impairments from brain injuries
  • Psychological trauma from the hit and run

Punitive Damages When Drivers Are Identified

If police identify the hit and run driver, you may recover punitive damages designed to punish their outrageous and reckless behavior. Courts award punitive damages when drivers:

  • Were driving under the influence when they fled
  • Had multiple prior hit and run convictions
  • Showed extreme recklessness or indifference to safety
  • Attempted to cover up evidence after fleeing

Punitive damages can significantly increase your total recovery beyond compensating for your actual losses.

Real Examples from Indianapolis Hit and Run Cases

While we can't discuss specific client cases, public records show Indianapolis hit and run settlements and verdicts, including:

  • $875,000 settlement for pedestrian struck by fleeing driver on East 38th Street;
  • $1.2 million verdict for cyclist hit by drunk driver who fled near downtown Indianapolis;
  • $425,000 recovery through uninsured motorist coverage when the driver was never found.

These results show that hit and run victims can recover substantial compensation even when drivers are never identified, as long as they have strong legal representation.

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Find Out If You Have a Case — Call Now!

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Meet Our Personal Injury Litigation Team

CohenMalad, LLP has spent over 55 years building a reputation for taking on car accident cases and winning. Our attorneys have secured millions for clients injured by someone else’snegligence, including major verdicts and settlements in complex personal injury cases.

When you work with us, you get a team that refuses to back down from major corporations and their insurance companies. If you're ready to hold drivers accountable for your accident injuries, we're ready to fight for you.

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Frequently Asked Questions About Indianapolis Hit and Run Cases

  • What if the police never find the hit and run driver?

    You can still recover compensation through your uninsured motorist coverage. Indiana law requires all drivers to carry UM coverage, which protects you when at-fault drivers can't be identified or don't have insurance. The insurance company must treat your UM claim the same as if you were hit by an identified uninsured driver.

    Many people don't realize they have UM coverage because it's automatically included unless they explicitly reject it in writing. Even if the hit and run driver is never found, you may still recover full compensation for medical bills, lost wages, pain and suffering, and other damages.

  • How much does it cost to hire a hit and run accident attorney?

    Nothing upfront. CohenMalad, LLP handles all hit and run cases on a contingency fee basis, meaning you pay no attorney fees unless we recover money for your case. We also cover all case-related expenses, including investigation costs, medical record fees, and court filing fees.

    You've been injured enough, so we won't make your situation worse by demanding payment you can't afford. Our only payment comes from a percentage of any settlement or verdict we obtain for you.

  • How long do Indianapolis hit and run cases take to resolve?

    Most cases resolve within 6 to 18 months, but timing depends on several factors:

    • Severity of your injuries — serious injuries require more time to reach maximum medical recovery.
    • Insurance coverage limits — higher limits often mean longer negotiations.
    • Whether the driver is identified — found drivers may have additional insurance coverage.
    • Disputed coverage issues — some insurance companies try to deny valid claims.

    We can't control timing, but we can promise to work as quickly as possible while fighting for maximum compensation. Rushing your case to accept a quick settlement usually means leaving money on the table.

  • What evidence helps identify hit and run drivers?

    The more evidence gathered at the scene, the better the chance of identifying the fleeing driver:

    • Vehicle parts left at the scene — can be traced to specific makes and models.
    • Paint transfer on your vehicle — can identify the color and type of paint.
    • Witness descriptions — even partial license plates or vehicle details help.
    • Security camera footage — from businesses, traffic cameras, or doorbell cameras.
    • Cell phone tower data — can help locate phones that were at the scene.

    Time is critical for evidence gathering. Security footage is often deleted after 30 days, witnesses forget details, and physical evidence gets cleaned up. That's why contacting an attorney immediately is so important.

  • Will my insurance rates go up after a hit and run accident?

    Generally, no, if you weren't at fault for the accident. Indiana law prohibits insurance companies from raising rates based on uninsured motorist claims where you weren't responsible for the crash.

    However, insurance companies sometimes try to raise rates anyway, hoping you won't know your rights. If your insurer attempts to increase your premiums after a hit-and-run accident where you weren't at fault, contact us immediately.

  • Can I be charged with a crime for a hit and run accident where I wasn't at fault?

    No, hit-and-run laws apply only to drivers who leave the scene of an accident they caused or were involved in. If another driver hit you and fled, you have no legal obligation to remain at the scene beyond what any reasonable person would do (call police, seek medical attention, etc.).

    The criminal charges only apply to the fleeing driver who violated Indiana Code § 9-26-1-1.1 by failing to stop, provide identification, and render aid. You're the victim, not the perpetrator.

  • What if I was partially at fault for the hit and run accident?

    Indiana's comparative fault system allows recovery even if you were partially responsible. Your compensation is reduced by your percentage of fault, but you can still recover as long as you were less than 51% responsible.

    However, most hit and run cases don't involve significant comparative fault issues. Drivers who flee accident scenes are typically 100% at fault because their decision to run shows consciousness of guilt and reckless disregard for others' safety.

Don't Let Hit and Run Drivers Escape Justice

Call us today for your free consultation. We'll review your case, explain your legal options, and help you understand what compensation you may be entitled to receive. Don't let insurance companies take advantage of you during this difficult time.

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