Call 911, get medical care, and document everything you can about the vehicle that fled. Then report the crash to your own insurance company. If the driver is never found, your uninsured motorist coverage can pay for your injuries and damage, but in Texas it only applies if the other vehicle actually made contact with you or your car (Texas Insurance Code § 1952.104).
Being hit by a driver who flees often leaves you hurt, shaken, and wondering who will pay. For more than 50 years, Jim Adler & Associates, The Texas Hammer®, has helped hit-and-run victims across Texas track down every source of compensation, even when the driver is never caught.
If you were hurt in a Houston crash, our Houston hit-and-run accident lawyers can review your case for free, even if the driver was never found.
Your first priority is safety and medical care. Then focus on details that can identify the driver and prove the other vehicle hit you. Those details determine whether you can recover money later.
Yes, but how hard they investigate depends on how serious the crash was and how much evidence there is. Hit-and-runs that cause a death or serious injury are felonies in Texas, and police give them far more attention. A hit-and-run that only damaged a car may get a report and little follow-up unless there’s a plate number or video.
What makes it more likely police find the driver:
How long do police investigate? There’s no set timeline. Serious cases can stay open for months, and a driver can still be charged long after the crash if new evidence turns up. For property-damage-only cases, investigations are often brief.
You can follow up. Keep your case number and check in with the investigating officer, especially if you find new video or a witness.
The most important thing to know: your injury claim doesn’t depend on an arrest. Even if police never find the driver, you can still recover through your own insurance if you purchased un-insured motorist coverage.
In Texas, a driver who flees and can’t be identified is treated as uninsured, so your own policy becomes the main source of payment. Which parts of your policy pay depends on what coverage you have:
The physical contact rule. For uninsured motorist coverage to apply when the driver is unknown, Texas law requires actual physical contact between the other vehicle and you or your car (Ins. Code § 1952.104). If a driver ran you off the road without colliding with your car, a “miss-and-run,” your uninsured claim will likely be denied, though PIP and collision coverage can still pay. That’s why photos of paint transfer and damage matter so much.
If police find the driver later, you can file a claim against that driver’s liability insurance, or sue the driver directly. If the driver turns out to have no insurance your UM coverage still applies.
For more detail, see how uninsured motorist coverage works and what to do when the at-fault driver has no insurance.
The answer is almost always yes. Medical bills from an emergency room are often more than the cost you pay to purchase uninsured motorist coverage. Uninsured motorist coverage should be used when you are not at fault, you incurred medical bills and the other driver is never found or is found but does not have insurance. You’ve already paid for the coverage so you should use it.
For damage only, it depends on the numbers. If repairs cost a little more than your deductible, paying out of pocket may make sense. If the damage is significant, a claim usually does.
Either way, report the crash to your insurer even if you’re unsure about filing. Many policies require prompt notice, and waiting can give the insurer a reason to deny a claim if you decide to make later.
It might. Texas law doesn’t prohibit insurers from raising rates after a claim for a crash you didn’t cause, so it depends on your insurance company and your claims history. Some insurers don’t raise rates if you were not at fault and some policies include accident forgiveness.
Before you decide, ask your insurance agent directly how an uninsured motorist claim would affect your premium. If you believe your rates were raised unfairly, you can file a complaint with the Texas Department of Insurance.
Texas punishes leaving the scene based on what the crash caused. Under Transportation Code § 550.021, a driver who leaves a crash that injured or killed someone faces:
Leaving the scene of a crash that only damaged a vehicle is a misdemeanor under § 550.022, with the penalty depending on the amount of damage. Hitting a parked car and driving off without leaving a note is also an offense under § 550.024.
Our firm handles injury claims, not criminal cases. A criminal conviction doesn’t pay your medical bills, but it can strengthen your civil case. A driver who fled the scene will have a hard time convincing a jury the crash wasn’t their fault.
A hit-and-run claim is usually against your own insurance company, and that surprises people. Your insurer is supposed to be on your side, but on a UM claim it steps into the shoes of the driver who fled and has every reason to pay you as little as possible. Talk to a lawyer if:
A lawyer can also do what police often don’t: search for video, find witnesses, and identify the driver through records and evidence.
A driver who flees leaves you with the injuries, the bills and an insurance company looking for reasons to pay less, even when it’s your own. Jim Adler & Associates will review your hit-and-run case for free, whether or not police ever find the driver.
With our Risk Free Guarantee, you pay nothing unless we win. Learn how our contingency fee works, or call us now at 1-800-505-1414 for your FREE consultation.
Many don’t, especially when only property was damaged and there’s no plate number or video. The chances improve a lot when a witness, camera or piece of debris points to the vehicle, and when someone was seriously hurt.
Yes. If police identify the driver days or months later, they can still be charged. If that happens, you can also pursue a claim against the driver’s insurance.
Report it to police and photograph the damage. Because the other car made contact with your property, uninsured motorist property damage coverage can apply, and collision coverage can pay as well. The driver who left without leaving a note committed an offense under Texas law.
Yes. If you have uninsured motorist coverage on your own auto policy, or a household member’s policy covers you, it can apply even though you weren’t in a car. PIP may also help pay your medical bills and lost wages.
Report the crash to police right away and to your insurer as soon as possible. A lawsuit against an identified driver generally must be filed within two years of the crash (CPRC § 16.003). Deadlines in your own policy can differ, so talk to a lawyer early.
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