Being involved in a hit-and-run accident can be a devastating experience, especially when the driver responsible leaves the scene without providing aid or information. Victims often sustain physical injuries, emotional distress and financial burdens, all while struggling to identify the person at fault.
Thankfully, in Indiana, victims of hit-and-run accidents have legal options to seek compensation, whether the driver who caused their harm is ultimately found or not. Understanding these options can help ensure injured individuals receive the damages they deserve.
Under Indiana law, drivers involved in an accident must stop at the scene, provide contact and insurance information and offer reasonable assistance to anyone injured. Failing to do so is a criminal offense, with penalties ranging from misdemeanor charges for minor accidents to felony charges if serious injury or death occurs. While law enforcement will investigate hit-and-run cases, identifying the at-fault driver is not always possible. In such cases, victims must explore other avenues to recover damages.
When a driver is found
If the driver responsible for the hit-and-run is identified, the victim can file a personal injury claim against them. Indiana follows a modified comparative fault rule, meaning that as long as the victim is less than 51% responsible for the accident, they can recover damages.
A lawsuit against a hit-and-run driver can also include a claim for punitive damages. Unlike compensatory damages, which cover actual losses, punitive damages serve as a punishment for reckless behavior and a deterrent against similar conduct. Courts may award punitive damages in cases where a hit-and-run driver acted with extreme negligence, such as fleeing an accident that caused serious injuries.
When a driver is not found
If the hit-and-run driver cannot be located, victims may still recover compensation through their own uninsured motorist (UM) coverage. Indiana insurance policies must include UM coverage unless a policyholder specifically declines it. This coverage helps pay for medical bills, lost wages and other damages when an at-fault driver is unknown or uninsured.
Hit-and-run accidents leave victims in difficulty, but legal remedies are available. Whether pursuing a claim against a responsible driver or seeking compensation through insurance, victims should act quickly to protect their rights. Indiana has a two-year statute of limitations for personal injury claims, meaning that legal action must be taken within that time frame.