Getting compensation after a car accident can be difficult. It can be especially challenging if the other driver fled the scene. We may not be able to obtain fair financial compensation for you until we identify and locate the other driver. Even so, depending on the situation, you might have other options to get compensation.
After a hit and run accident, you should immediately call the police. The best way to obtain compensation is to identify and locate the other driver, and the police may investigate and locate them. As we wait for the police to investigate, you may be able to get compensation from your own auto insurance. Policies, such as MedPay or uninsured or underinsured motorist coverage, may help you if the other driver does not come forward or is not found. If the other driver is located, we can file a claim with their liability insurance or a lawsuit. Your attorney can help you decide the best approach to your specific case.
Get a private case review free of charge by calling our Dallas car accident attorneys at The Queenan Law Firm at (817) 476-1797.
How to Get Compensation After a Hit and Run Accident in Texas
To get compensation after an accident, you must report the accident to the authorities as soon as possible. The longer you delay contacting the police, the more difficult it may be for you to obtain fair compensation. A hit and run is a serious crime, and the police may investigate and hopefully locate the other driver.
Typically, drivers in Texas would file third-party claims with the other driver’s liability insurance, but this might not be possible if the other driver fled the scene. You can file a claim with your own insurance while waiting for the police to locate the other driver. You may file a claim with MedPay to cover medical expenses. You can also file a claim with your uninsured or underinsured motorist coverage.
Once the police locate and identify the other driver, our Dallas car accident lawyers can help you file an insurance claim with their liability coverage.
Can I Sue for Compensation After a Hit and Run?
It is also possible to get compensation by filing a personal injury lawsuit against the other driver. Again, we need help from the police to find the other driver and identify them before you can sue them.
A hit and run is more than just a car accident. It is a serious criminal offense. The police will likely want to investigate, especially if you or others were badly injured or killed. Once the police locate the other driver, our Tyler, TX car accident attorneys can file a lawsuit against them in civil court.
If you already filed insurance claims and received financial compensation, you may still sue the other driver. However, damages you are awarded after a trial may have to be paid back to insurance providers who covered your damages.
How to Get Compensated After a Hit and Run if You Are Uninsured
It is possible that you do not have your own insurance to rely on while we try to find the other driver. Your insurance might have lapsed by mistake, or you might be between insurance providers. Texas does not have any “no pay, no play” laws. You may sue the other driver or file a claim with their insurance if you believe they are responsible for the accident.
However, you might bump up against some legal consequences for failing to carry auto insurance. If you do not have any auto insurance of your own, you might have to wait a while before you can get compensation from the defendant or their insurance. It may take time to locate the other driver, and a lawsuit might be put on hold until criminal proceedings against the defendant are concluded.
When to Sue for Compensation After a Hit and Run in Texas
If you plan to file a lawsuit against the other driver, you must do so within a certain period of time or risk being time-barred from filing your claim.
In Texas, the statute of limitations for personal injury claims, including those related to car accidents, is described under Tex. Civ. Prac. & rem. Code § 16.003(a). You have 2 years from the accident to file your case. Unfortunately, it might take longer than this to find the other driver in some cases.
It may be possible to have the statute of limitations tolled for the defendant’s absence. According to § 16.063, the period of time in which the defendant is out of the state and cannot be reached via long-arm statutes may not be counted toward the limitation period. The clock would resume once we know the defendant is back within Texas’ jurisdiction.
How to Get Compensated if You Cannot Find a Hit and Run Driver
If we cannot find the other driver, we may need to explore options for compensation that do not involve them.
First, you can file a claim with your own insurance, as discussed above. While insurance may help you cover many of your monetary costs, it usually does not cover non-economic damages, like pain and suffering.
There may be a publicly funded program to help you. We can look into the Texas Crime Victims’ Compensation Fund. Remember, a hit and run is a crime, so you might be eligible for compensation.
If we know who the other driver is but cannot locate them, we might still be able to file a case in their absence. The tricky part is serving notice to the defendant. Even if we do not know exactly where they are, there might be ways to serve a legally valid notice.
Can I Get a Settlement for a Hit and Run Accident in Texas?
If we can identify the driver, we might be able to determine who their insurance provider is and file a claim. The insurance company may offer a settlement, and we might not have to actually speak to the other driver.
If the driver fled the scene because they were uninsured – this is a somewhat common issue in hit and run cases – we can negotiate a settlement with them directly once we find them. Keep in mind that the settlement might depend on their ability to pay, as they do not have insurance to help them.
Contact Our Texas Car Accident Lawyers Right Away for Help
Get a private case review free of charge by calling our Houston car accident attorneys at The Queenan Law Firm at (817) 476-1797.