A fleeing driver creates two different problems: identifying what happened and determining which insurance may apply. The most useful early response is a factual, organized record—not a guess about fault, injuries, or coverage.
- Call 911 when emergency assistance is needed and do not chase the fleeing vehicle.
- Save the incident number, exact time, precise location, and every detail you actually observed.
- Keep original photo, video, dashcam, voicemail, and message files.
- Identify possible surveillance sources immediately because systems may overwrite recordings.
- Distinguish a request to preserve material from a request or legal process to obtain it.
- Notify potentially applicable insurers and read the complete issued policy before assuming UM, UIM, MedPay, or other coverage.
For related local guidance, see Delventhal Law Office’s pages about Fort Wayne hit-and-run claims, car accidents, and uninsured and underinsured motorist issues.
The early evidence-preservation checklist
- Get to a safe place and request emergency help when needed. Do not follow the fleeing vehicle.
- Report the crash. Save the responding agency, officer information, incident or report number, date, exact time, and precise location.
- Write only what you observed. Record a partial plate, vehicle description, damage, markings, occupants, direction of travel, and the sequence of events without filling gaps by assumption.
- Preserve original files. Keep phone photos, video, dashcam files, messages, call logs, and any files sent by witnesses. Make working copies rather than editing the originals.
- Map possible cameras. Note the address, camera position, owner or manager, and what travel path the camera may show.
- Request preservation promptly. Identify the event, relevant time window, camera or data source, and material to retain. Do not state a universal retention period; systems and practices differ.
- Protect physical evidence. Photograph the vehicle before repair or disposal and retain tow, storage, estimate, and repair records.
- Organize insurance and medical records. Keep policies, claim correspondence, dated care records, bills, work restrictions, and expense documentation.
Surveillance and video: request preservation before overwrite
Look for cameras on businesses, homes, apartment buildings, parking facilities, schools, buses, delivery vehicles, and other vehicles. A camera that did not face the impact may still show the fleeing vehicle before or after the crash.
Record the location and apparent field of view. A focused written preservation request should identify the crash date, location, relevant time window, and particular camera or category of data. Avoid demanding an unnecessarily broad range and avoid asserting that every system keeps footage for the same number of days.
Preservation and access are different. Asking a business, government agency, or platform to retain video or data is not the same as obtaining it. The holder may provide material voluntarily, may require a records request, authorization, subpoena, or other legal process, or may assert an objection. A preservation letter does not by itself create a right to inspect or receive a copy.
Do not assume that a police report automatically preserves every private recording. Tell the investigating agency about potential cameras, but separately document whom you contacted and when.
Report, incident number, and scene records
Indiana law sets duties for drivers involved in accidents, with the required response depending on the circumstances. The current official text appears in Indiana Code chapter 9-26-1[1]. Preserve the incident number and agency information, but treat an initial activity-log entry or report as one record—not a final determination of fault.
Photograph lanes, signs, signals, sight lines, debris, skid or tire marks, weather, lighting, construction, and where the vehicle came to rest when it is safe and lawful to do so. Save report-exchange cards, tow documents, and later supplemental report information.
Vehicle, physical, and digital evidence
Before repair or disposal, photograph every side of the vehicle and close views of damage, paint transfer, broken components, lamps, mirrors, tires, interior damage, airbags, dashboard warnings, and any loose debris. Do not remove material from another person’s property or enter a restricted area.
If a vehicle or phone contains dashcam or event data, preserve the original file and note the device, date, and export method. Commercial-vehicle matters may involve additional categories such as dispatch, GPS, telematics, route, or app records, but whether those records exist and how they may be obtained depends on the facts.
Witness information and original files
If it is safe, ask a witness for a name, telephone number, email address, and whether the witness has photos, video, or dashcam footage. Record what the witness says in the witness’s own words. If a file is shared, keep the original download rather than only a screenshot or social-media copy.
Insurance records and UM/UIM questions
Indiana Code section 27-7-5-2 addresses uninsured and underinsured motorist coverage and written rejection, subject to statutory terms and exceptions. Review the current official statute[2], the declarations, complete policy form, endorsements, and any selection or rejection record.
Do not assume an unidentified driver automatically establishes UM coverage. In Gillespie v. GEICO General Insurance Co.[3], the Indiana Court of Appeals explained that Indiana Code section 27-7-5-2 does not require every auto policy to include hit-and-run coverage. Policy wording and the event’s facts therefore matter.
The Indiana Department of Insurance claim tips[4] advise consumers to file a claim as soon as possible because a policy may contain a notification period, provide complete and correct information, keep correspondence, and request a written explanation identifying policy language when a disagreement results in denial. Prompt notice does not require speculation; state what is known and say when an answer is unknown.
Medical and loss records
Seek emergency care when needed and follow medical professionals’ instructions. Keep dated records you receive, bills, prescriptions, mileage and other out-of-pocket expenses, work restrictions, and employer wage records. This article does not diagnose an injury or predict whether symptoms were caused by a crash.
Indiana Code section 34-11-2-4[5] states a general two-year limitations period for actions for injury to person or character and injury to personal property, measured from accrual. Other rules, exceptions, parties, and contractual notice duties may change the required timing, so the general period should not be treated as a reason to delay evidence work.
Frequently Asked Questions
How quickly should I identify possible hit-skip video?
As soon as practical. Systems may overwrite recordings, but there is no single retention period that applies to every camera or business.
Does a preservation request make a business give me its video?
No. A preservation request asks the holder to retain identified material. Obtaining a copy is a separate issue and may require the holder’s cooperation, a records procedure, authorization, subpoena, or other legal process.
Will a police report preserve every nearby recording?
Do not assume so. Tell the investigating agency about potential cameras and separately document any focused preservation request you or your lawyer sends.
Does a hit-and-run automatically establish uninsured-motorist coverage?
No. The applicable statute, complete issued policy, endorsements, and event facts must be reviewed. Gillespie explains that Indiana Code section 27-7-5-2 does not require every auto policy to include hit-and-run coverage.
Should I edit photos or video before sharing them?
Keep the original files unchanged. Make copies for cropping, annotation, or sharing, and retain information showing where and when the originals came from.
Is a partial license plate worth saving?
Yes. Record exactly what you remember without guessing and pair it with observed details such as color, type, damage, markings, time, location, and direction of travel.
You may request a free case evaluation from Delventhal Law Office.
This article provides general information, not legal advice. Do not send confidential or time-sensitive information until the firm confirms representation.
