Hit-and-Run Accident in Indiana? Here's Who Pays for Your Injuries
Quick answer: If you were injured by a driver who fled the scene in Indiana, you can often still recover compensation, frequently through your own uninsured motorist (UM) coverage, even if the other driver is never found. If police identify the driver, you pursue their insurance instead. Your own medical payments coverage and health insurance can cover medical bills in the meantime.
Getting hit by a driver who speeds off is disorienting and unfair, and most people's first thought is that there is no one left to hold accountable. That is usually not true. Here is how recovery actually works after a hit-and-run on Northwest Indiana roads, from I-65 and I-94 to the Indiana Toll Road and US-30.
Is a hit-and-run a crime in Indiana?
Yes. Indiana law requires every driver involved in a crash to stop, share information, and render reasonable aid. Leaving the scene of an accident that caused injury is a criminal offense, and it can be charged as a felony depending on the harm involved.
That criminal case is separate from your civil injury claim. A driver can be prosecuted for fleeing while you separately pursue compensation for medical bills, lost income, and pain and suffering.
I was hit and the driver took off. Who do I go after for payment?
It depends on one thing: whether the driver is identified.
If police identify the fleeing driver
Many hit-and-run drivers are found. Police use witness statements, traffic and business security cameras, debris, and paint transfer to track them down. Once identified, your claim proceeds against that driver and their liability insurance the same way any car accident claim would.
If the driver is never found or has no insurance
This is where most people are surprised. When the at-fault driver is unknown or uninsured, your own uninsured motorist (UM) coverage typically becomes the primary source of recovery. Indiana requires insurers to offer UM and underinsured motorist coverage on every auto policy, and it can only be rejected in writing, so most Indiana drivers carry it without realizing it.
A UM claim is filed with your own insurance company. That sounds straightforward, but you are now negotiating with an insurer whose financial interest is to pay as little as possible, which is why having an advocate matters even on your own policy.
Who pays my medical bills while this plays out?
Two sources can cover treatment right away, regardless of who hit you. Medical payments (MedPay) coverage on your own auto policy pays medical bills no matter who was at fault. Your health insurance can also cover treatment, though it may later seek repayment out of any settlement, which an attorney can help manage.
What to do after a hit-and-run in Northwest Indiana
Acting quickly protects both your health and your claim. The police report in particular is often essential to a UM claim.
- Call 911 and get a police report. This documents the crash and is frequently required for a hit-and-run UM claim.
- Write down everything you remember about the vehicle: make, color, partial plate, direction of travel, time, and location.
- Look for witnesses and cameras. Get names and numbers, and note nearby businesses or homes that may have footage.
- Get medical attention, even if you feel okay. Some serious injuries are not obvious at first.
- Report the crash to your own insurer promptly, since UM claims have notice deadlines.
- Talk to a local attorney before giving a recorded statement to any insurance company.
How long do you have to file a claim in Indiana?
In general, you have two years from the date of the accident to file a personal injury claim in Indiana, with limited exceptions such as claims involving minors. UM claims may also carry their own contractual notice deadlines that are shorter, so do not wait.
How a Northwest Indiana hit-and-run lawyer can help
After a hit-and-run, an attorney can investigate to help identify the driver, handle the UM claim with your own insurer, coordinate MedPay and health insurance so bills do not pile up, and protect the full value of your claim. At Sarkisian Law Offices, we have represented injured families across Lake and Porter Counties for more than 40 years, with offices in Merrillville and Valparaiso. There is no fee unless we win your case.
Call 219-942-7171 or request a free consultation. No pressure, just answers.
Frequently Asked Questions
Can I get compensation if the hit-and-run driver is never caught?
Often, yes. If the driver is never identified, your own uninsured motorist (UM) coverage typically becomes the primary source of recovery for your injuries.
Who pays my medical bills right after a hit-and-run?
MedPay coverage on your own auto policy and your health insurance can cover treatment regardless of fault, while your injury claim is pursued.
How long do I have to act after a hit-and-run in Indiana?
Generally two years to file a personal injury claim, but your UM coverage may require notice much sooner, so it is best to act quickly.
Past results are not an express or implied prediction of future success and should not be construed as such. Each case involves many different factors; results differ on a case-by-case basis. (Ind. Prof. Cond. R. 7.1.)
