Can I File a Personal Injury Claim If the At-Fault Driver Flees the Scene?
Being involved in a car accident is a traumatic event under any circumstances, but when the responsible driver flees the scene, victims often feel especially vulnerable and uncertain about their options. Hit-and-run accidents not only compound emotional stress but also complicate the process of securing compensation for injuries, vehicle repairs, and other related damages. Fortunately, Indiana law offers protections that allow victims to pursue compensation even if the at-fault driver cannot immediately be identified or located.
If you’ve been injured in a hit-and-run accident in Indianapolis or surrounding areas, knowing your rights and how to protect them can make a substantial difference in your ability to recover. Here’s what you need to understand about filing a personal injury claim when the at-fault driver has fled the scene.
Indiana Law and Hit-and-Run Accidents
In Indiana, leaving the scene of an accident, especially when injuries or significant property damage are involved, is a serious crime. Drivers have a legal obligation to stop, exchange information, and provide reasonable assistance to injured parties. When a driver flees the scene, they violate these legal duties and expose themselves to criminal penalties.
Despite these severe consequences, hit-and-run incidents are unfortunately common, often leaving injured victims wondering how they’ll manage medical bills, lost wages, and vehicle repairs. However, victims are not without recourse. Indiana law provides avenues for victims to seek compensation, primarily through uninsured motorist coverage.
Uninsured Motorist Coverage: Your Primary Safety Net
In Indiana, uninsured motorist (UM) coverage is a crucial form of auto insurance designed specifically to protect you if the responsible driver lacks insurance or cannot be located, as in hit-and-run situations. UM coverage is mandatory unless explicitly waived in writing. It allows you to file a claim directly with your insurance company, stepping into the place of the absent at-fault driver’s insurance.
It’s essential to promptly inform your insurance provider following a hit-and-run accident to initiate your UM claim. Your policy will specify certain notification periods and procedural steps you must follow, so acting swiftly can safeguard your right to compensation.
Steps to Take Immediately After a Hit-and-Run Accident
After a hit-and-run accident, immediate action is crucial. First, seek medical attention even if you believe your injuries are minor. Many injuries may not fully manifest until hours or days after the accident. Documenting your medical condition early helps establish a clear link between the accident and your injuries.
Next, promptly contact law enforcement. An official police report will document the accident, which is critical evidence when filing your claim. Provide the police with as much information as you can recall, such as the color, make, model, or license plate number of the fleeing vehicle. Even partial information can significantly aid in identifying the responsible party later.
Additionally, gather as much evidence as possible from the scene. Photograph vehicle damage, the surrounding area, and any injuries sustained. Collect contact information from any witnesses, as their testimony may strengthen your claim.
Why You Need an Indianapolis Automobile Accident Attorney
Navigating a hit-and-run claim is often challenging. Insurance companies, even your own, might attempt to minimize the payout on your claim or dispute the extent of your injuries and damages. Additionally, specific procedural requirements can complicate the process, and failing to meet any obligations might result in the denial of your claim.
An experienced Indianapolis automobile accident attorney can guide you through these complexities. They understand how to effectively negotiate with insurance adjusters, substantiate your injuries, calculate accurate damage valuations, and handle legal documentation accurately and promptly.
Moreover, your attorney can investigate the accident independently, leveraging resources such as accident reconstruction experts or private investigators to attempt locating the fleeing driver. If the responsible party is found, your attorney can also pursue additional avenues for compensation directly against that driver.
Potential Compensation in a Hit-and-Run Claim
Victims of hit-and-run accidents are typically eligible to seek compensation for various types of damages, including medical expenses, rehabilitation costs, lost income due to missed work, property damage, and emotional pain and suffering. If your injuries result in long-term or permanent disabilities, your attorney can help quantify the full extent of your future financial needs and seek compensation accordingly.
Understanding the totality of your losses and ensuring they are adequately represented in your claim can dramatically impact the compensation you receive. An experienced attorney will advocate fiercely on your behalf, ensuring no detail is overlooked.
Contact Lee Cossell & Feagley
If you or a loved one have suffered injuries in a hit-and-run accident in Indianapolis, securing legal representation early is crucial. The compassionate and experienced team at Lee Cossell & Feagley, LLP understands the unique challenges hit-and-run victims face. We’re dedicated to helping you navigate Indiana’s complex legal system, protecting your rights, and fighting diligently to secure the compensation you deserve.
Contact us today for a no-cost consultation to discuss your case and explore your options for recovery.