If you or someone you love got hurt or died in a hit and run crash, you’re probably wondering, what do I do after a hit and run accident in Texas?
Texas law gives you certain rights and legal options, even when the other driver disappears. But time matters. Acting fast helps protect your health, your finances, and your case. Whether police track down the driver or not, you can still pursue compensation through insurance or legal action.
You don’t have to figure this out alone. A knowledgeable car accident lawyer can help collect evidence, deal with the insurance companies, and push for the maximum compensation available under Texas law. If you're unsure where to begin, reach out to a local attorney for a free consultation and get answers specific to your case.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.
Immediate Steps to Take After a Hit and Run Accident
Every second counts after a hit and run. The steps you take right away can shape the outcome of your insurance claim and any legal case that may follow.
Ensure Safety and Call 911
Get to a safe spot if you’re in traffic. If your car can move, pull over. Call 911, even if you don’t think your injuries are serious. Police will create an official report, and emergency medical personnel can assess your condition. Delaying medical care could make things worse or give the insurance company a reason to question your injuries.
Document the Scene and Gather Evidence
Use your phone to take pictures of your car, the road, traffic signs, skid marks, broken glass, or any debris left behind. Take shots from several angles. Write down the time, location, and anything you recall about the crash. Your photos and notes may help investigators track down the driver or serve as evidence if the case goes to court.
Look for Witnesses and Security Cameras
Ask anyone nearby if they saw the crash. Get their names and contact information. Nearby businesses or homes might have security cameras. Doorbell cameras like Ring or parking lot surveillance footage could show the hit and run vehicle or even capture the license plate. The sooner you act, the better the chance this evidence is still available.
Note Any Vehicle Details You Remember
Try to write down anything you can recall about the other car. Color, make, model, bumper stickers, damage, or even part of the license plate can all help. Share this with the police as soon as possible.
What Are Your Legal Rights After a Hit and Run in Texas?
Texas law offers several protections for people hurt by hit and run drivers. You don’t need to know the other driver’s identity to begin taking steps toward financial recovery.
Right to File a Police Report
After any car crash in Texas that causes injury, death, or more than $1,000 in property damage, drivers must report it to the police. As the injured party, you also have the right to file your own report if the other driver took off. This report documents what happened and can support your insurance claim or legal action.
Right to Compensation Even When the Driver Flees
When someone crashes into your car and disappears, you're still allowed to file a claim. This includes costs like medical bills, repairs, lost income, and more. If the at-fault driver can't be found, your own insurance policy may step in.
Protection Under Texas Uninsured Motorist Coverage
Texas insurers must offer uninsured motorist (UM) coverage. If you added this to your policy, it may pay for injuries and damages in a hit and run, just like it would if the at-fault driver had no insurance. If you declined this coverage, your options may be limited, but other avenues may still be available.
Right to Legal Representation
You have the right to hire a lawyer who can speak for you and deal with the insurance company. A lawyer can also look for additional sources of recovery and help build a strong case backed by solid evidence.
Understanding Texas Hit and Run Laws
Texas law takes hit and run crashes seriously. Fleeing the scene can lead to both criminal charges and civil liability.
Criminal vs. Civil Implications
In a criminal case, the state prosecutes the driver for leaving the scene of a crash. This is separate from a civil case, where you seek financial compensation for injuries and losses. A criminal case may help uncover facts, but it doesn’t replace the need to file your own claim.
Penalties for Hit and Run Drivers
Texas Transportation Code Section 550.021 says drivers must stop after a crash involving injury or death. If they don’t, they can face felony charges. Even for property damage alone, leaving the scene is a crime. Penalties may include prison time and heavy fines.
Statute of Limitations for Civil Claims
You generally have two years from the date of the crash to file a lawsuit for injuries. If someone died in the accident, a wrongful death lawsuit must also be filed within two years. Waiting too long can permanently block your right to recover compensation.
Comparative Negligence Rules
Texas uses a modified comparative fault rule. If you were partly at fault for the crash, your compensation may be reduced. But as long as you're less than 51 percent at fault, you can still recover some damages. That’s one reason it helps to have a lawyer who can push back if the insurance company tries to shift blame unfairly.
How Do Police Investigate Hit and Run Cases?
Police departments use several methods to track down hit and run drivers. While not every case results in an arrest, law enforcement takes these crashes seriously.
Initial Police Response and Report Filing
Officers will take statements from you and any witnesses. They’ll review the scene, check for debris, and look for clues about the other vehicle. This includes examining damage to your car and checking for paint transfer or other physical evidence.
Evidence Collection and Analysis
Police may collect video footage, photographs, witness statements, and any information you provided about the fleeing driver or car. They may also issue a “BOLO” (Be On the Look Out) alert to other agencies.
Use of Technology and Databases
Many departments use traffic cams, license plate readers, and other tech tools to help identify the vehicle. They may run partial plate numbers through the DMV or search for cars with matching damage or make and model.
Timeline for Investigation Results
Some investigations wrap up quickly. Others can take weeks or months. If police identify a suspect, they may file criminal charges. Whether or not the driver is found, you don’t have to wait to file an insurance claim.
Insurance Claims Process for Hit and Run Accidents
The insurance process can feel like an uphill climb, especially when you're dealing with injuries and missing work. Knowing what to expect can help you avoid mistakes that slow things down or reduce your payout.
Filing with Your Own Insurance Company
Start by reporting the crash to your insurer. Most policies have a deadline, so don’t wait too long. Give them a copy of the police report and any evidence you collected. Keep a copy of everything you send.
Uninsured Motorist Coverage Explained
If you have uninsured motorist coverage, your own insurer steps into the shoes of the at-fault driver. This can cover medical bills, lost income, and even pain and suffering. Some policies also include uninsured motorist property damage (UMPD) to help repair or replace your car.
Dealing with Insurance Adjusters
The adjuster may act friendly, but they work for the insurance company, not you. Be careful what you say, especially in recorded statements. Don’t guess about facts or downplay your injuries. A lawyer can speak to the adjuster on your behalf to help protect your rights.
Common Claim Denials and Disputes
Insurers might deny your claim by saying the crash wasn’t a hit and run or that you didn't report it fast enough. They may offer a low payout or argue your injuries aren't from the crash. When that happens, legal help can make a big difference in getting the maximum amount available.
What If the Hit and Run Driver Is Never Found?
You may still have options even if police can’t find the other driver. These cases often rely on your own policy or other responsible parties.
Options Through Your Insurance Policy
Uninsured motorist coverage often plays the biggest role here. Personal injury protection (PIP) or MedPay may also help cover immediate medical expenses, regardless of fault.
Seeking Compensation from Other Sources
In some cases, other parties may be held responsible. For example, if a bar overserved the driver before the crash, a dram shop claim could apply. A lawyer can help uncover third parties who may bear some legal responsibility.
Long-term Financial Planning Considerations
If your injuries are serious or long-lasting, think about how they’ll affect your ability to work or care for your family. Your legal team may bring in economic experts or life care planners to help calculate long-term losses and future needs.
When to Consider Legal Action Against Third Parties
If the fleeing driver can’t be identified and insurance falls short, a lawyer can look into whether other individuals, companies, or entities may have contributed to the crash.
Damages You Can Recover in a Texas Hit and Run Case
The goal of a claim or lawsuit is to recover losses caused by the crash. Texas law allows for several types of compensation.
Medical Expenses and Future Treatment Costs
This includes ER visits, surgeries, rehab, follow-up care, medication, and ongoing treatments like physical therapy or counseling.
Lost Wages and Diminished Earning Capacity
If you missed work or your injuries limit future job opportunities, you can seek recovery for those lost earnings.
Property Damage and Vehicle Replacement
You can pursue costs to repair or replace your vehicle and other damaged property, such as electronics or child car seats.
Pain and Suffering Compensation
Injuries can affect your ability to enjoy daily life, hobbies, or relationships. These effects count as non-economic damages and can be included in your case.
How Our Attorneys Can Help
Hit and run claims can take many turns. Our team at Cowen | Rodriguez | Peacock helps guide clients through every step of the process.
Thorough Investigation and Evidence Gathering
We help collect video footage, witness statements, crash data, and expert opinions to support your claim.
Insurance Negotiation and Claim Maximization
We speak with the insurance company, review every offer, and push for the maximum amount available under your policy and Texas law.
Identifying Alternative Sources of Compensation
When the hit and run driver isn’t found, we look into all possible options to recover what you’ve lost, including third-party liability.
Litigation Support When Necessary
If the insurer refuses to offer a fair settlement, we’re ready to take the case to court and present your story before a jury.
Why Choose Our Firm
Clients trust Cowen | Rodriguez | Peacock to handle their toughest injury cases with care and commitment.
Extensive Experience with Texas Hit and Run Cases
We’ve helped many Texans get the help they need after hit and run crashes, and we understand how these cases work.
Proven Track Record of Successful Settlements
We’ve recovered significant results for clients through detailed investigation and firm negotiations.
No Fee Unless We Recover Damages
You won’t pay us anything upfront. We only get paid when your case results in a settlement or judgment.
Personalized Attention and Communication
We stay in touch and explain your options clearly at every stage, so you always know what to expect.
Texas Hit and Run Car Accidents FAQs
How long do I have to report a hit and run accident?
You should report the accident to police immediately. For insurance, report the crash as soon as possible. For a lawsuit, Texas law usually gives you two years from the crash date.
Will my insurance rates increase after a hit and run claim?
They might. Some companies raise rates even when the crash wasn’t your fault. Ask your agent and review your policy for details.
Can I still recover damages if I was partially at fault?
Yes, as long as you were less than 51 percent responsible. Your recovery will be reduced based on your share of the blame.
What happens if the other driver only has minimum insurance?
If they’re found but underinsured, your own underinsured motorist coverage may cover the difference, depending on your policy.
Should I accept the first settlement offer from my insurance company?
Not without reviewing it first. The first offer is often lower than what your claim is worth. Speak with a lawyer before agreeing to anything.
Let Our Skilled Car Accident Lawyers in Texas Help
Every day you wait puts evidence at risk and witnesses harder to find. That’s why Cowen | Rodriguez | Peacock moves quickly to protect your rights and your case. With years of experience and a commitment to getting clients the maximum compensation available under Texas law, we’re ready to help you take the next step.If you were hurt in a hit and run, contact us today for a free consultation. We’ll listen to your story, explain your options, and work to recover what you’ve lost.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.