Texas has a severe problem when it comes to hit-and-run accidents. According to a query on the state’s Crash Records Information System (CRIS), Texas classified over 118,000 crashes as hit-and-runs in 2023. That accounts for just about 18.5% of all car accidents occurring in the state that year.
Fortunately, an auto accident attorney can often help victims recover compensation for the injuries and property damage that result from these crashes.
The Legal Challenges in Hit-and-Run Cases
After a crash that is reasonably likely to cause injury or death, Texas law requires every driver involved to do the following:
- Stop at the accident scene
- Determine whether anyone has been injured
- Render assistance by calling paramedics, if necessary
- Immediately report the crash to the police
- Exchange insurance and contact information with the other parties
A driver who fails to stop at the accident scene commits a hit-and-run accident. As they are likely not injured, they are often best positioned to call for medical help for the other crash victims. But by fleeing the scene of an accident, they could very well leave the victim(s) to die.
Equally importantly, Texas requires all vehicle owners to insure their vehicles. In hit-and-run cases, however, victims cannot file insurance claims because they do not have the other driver’s name, address, or insurance information.
That missing information can present significant legal challenges. The compensation paid by liability insurers often helps victims pay their medical bills. Without that source of payment, an auto accident lawyer must identify other possible sources of accident compensation.
Dealing With Insurance Companies in Hit-and-Run Situations
Depending on their insurance coverage and whether the police identify the hit-and-run driver, victims and their auto accident attorneys have the following options for seeking insurance benefits:
If the Other Driver Is Never Identified
In the event that the other driver is never identified or found, your auto accident lawyer will review your auto insurance policy for any coverages that apply to your case. Texas requires auto insurers to offer two types of coverage that could pay for a significant amount of the costs of a hit-and-run crash.
First, all auto insurance policies in Texas include uninsured motorist coverage, although drivers must also have the option to decline it. As defined by most insurance policies, hit-and-run drivers are considered “uninsured” because their insurers, who victims would file a claim with, are unknown. If you accept uninsured and underinsured motorist (UIM) coverage, your insurance company will pay costs from a hit-and-run accident up to your policy limit.
Second, all Texas auto policies must include personal injury protection (PIP) coverage unless the policyholder rejects it. Such coverage pays the medical costs for injured victims, regardless of fault. In other words, your insurance company will pay your doctor and hospital bills even if you do not know who hit you.
If the Other Driver Is Identified but Is Uninsured
You can file a UIM claim if the other driver is identified by the police and you determine that they have no insurance. Your injury lawyer can also file a lawsuit against the hit-and-run driver.
If the Other Driver Is Identified and Has Auto Insurance
You can file a liability claim if the other driver has auto insurance. These claims will often pertain to costs from your injuries and property losses. However, auto insurers have a financial incentive to deny liability claims. Some possible grounds for denial include the following:
- The policy does not cover the driver
- The driver’s actions did not constitute negligence
- Your injury was a pre-existing condition
Your auto accident law firm will respond to any claim denials with evidence and legal arguments.
Collecting Evidence and Witness Testimonies in Hit and Run Cases
As you recover from the accident, you might recall more details about the accident. Witnesses may also be able to provide helpful information, like a partial license plate number. Your lawyer can also seek copies of traffic and security camera footage from the accident scene.
Whether you file a claim with your insurer or the at-fault driver’s insurer, you need evidence to prove the cause of the crash and its costs. That evidence can also assist the police in identifying the other driver.
Maximizing Compensation for Victims of Hit and Run Accidents
You must prove that the other driver was negligent when you file an uninsured motorist claim. If you learn the identity of the other driver, you must also prove negligence in any liability claim with their insurer. In order to do so, your personal injury lawyer must present evidence that the other driver failed to exercise ordinary care.
In some cases, insurers can deny claims, arguing that you caused the accident, even though the other driver left the scene. Your lawyer can respond to this claim denial. They can also help you identify and document your losses so you can include them in your claim for a full and fair settlement.
FAQ
What Should I Do After a Hit-and-Run Car Accident?
You should always stop at the accident scene and call the police, regardless of whether the other driver stops. Stay at the accident scene and file a report with the responding officers.
What Happens if I Caused an Accident and the Other Driver Left the Scene?
You will likely be unable to receive uninsured motorist benefits. That’s because doing so requires proof of the other driver’s negligence. However, you can still file a claim for PIP coverage because those benefits are paid without respect to fault.
When Do I Need to Call the Police After a Car Accident?
Texas law requires drivers to call the police immediately after any crash that causes death, injury, or disabling damage to a vehicle.
Contact Ramsey Law Group for Help
At Ramsey Law Group, our auto accident attorneys have extensive experience helping victims of hit-and-run car accidents. Contact us to schedule a free consultation to discuss your accident and the compensation you can seek.