Hit-and-run accidents: who pays when the at-fault driver can’t be found?

In Texas, a driver must stop if they are involved in an traffic accident that causes injury or death. If the driver leaves the scene of the accident, the accident is called a hit-and-run.

Leaving the scene of an accident is against the law, and drivers that are caught can face fines of up to $5,000 and/or up to five years of jail time.

If you are involved in a hit-and-run accident, and the at-fault driver can not be found, who pays for your injuries and the damage to your car?

Generally, it is your own insurance that will pay the costs. The costs will be paid by your Uninsured/Underinsured Motorist (UM/UIM) Coverage. This portion of your insurance pays the expenses that result from an accident caused by an uninsured motorist or a motorist who doesn’t have adequate coverage to pay your recoverable expenses. But, it also covers accidents caused by a hit-and-run driver, as long as you report the accident promptly to the police. Your policy will have a dollar limit, and that will depend on how much coverage you elected to pay for. UM/UIM pays for both bodily injury and property damage. There is no deductible for medical bills, lost wages, disfigurement, permanent or partial disability, and pain and suffering. But, you must pay a deductible of $250 for the repairs.

If you do not have enough UM/UIM coverage, there are other types of coverage in your insurance that may help cover your expenses. These are generally part of Texas auto insurance policies. But, your policy may differ, so read it carefully to check for coverages and exclusions.

1. Medical Payments Coverage – This portion of your insurance covers medical and funeral bills resulting from accidents for you, your family and your passengers regardless of who was at fault.

2. Personal Injury Protection (PIP) Coverage – This covers medical expenses as well as 80% of your lost income and the cost of hiring a caregiver for an injured person. This covers you, your family and your passengers. An insurance company must offer you $2500 of PIP. You may request additional coverage. You can also reject PIP, but you must do so in writing.

3. Collision Coverage – This covers damage to your car after an accident. Payment is limited to your cars market value (had it not been damaged) minus the deductible.

Unfortunately, many insurance companies will give you a hard time. Insurance companies will try to use the fine print in your contract to undervalue or reject your case. Some will ask you to identify the other vehicle’s license plate number. However, this may not be the first thing that you think of after an accident.

An experienced accident lawyer can help. The car accident lawyers at The Cowen Law Group are able to negotiate with the insurance company and provide the documentation it takes to get you the best possible compensation for your injuries, expenses and pain and suffering.

If you or a loved one was injured in a South Texas hit-and-run, contact the attorneys at The Cowen Law Group to learn how we can help you. Our 30 day no-obligation guarantee means that if we can't help, you don't pay.