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 them until we identify and locate the other driver, but there may be other ways 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, we can file claims with your own insurance. If the other driver is never found, your uninsured motorist coverage might be able to help pay for damages.
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, there are three major steps involved:
Reporting and Investigating the Accident
You must report the accident to the authorities as soon as possible. The longer you delay in contacting the police, the more difficult it may be for you to locate the other driver.
If the police act quickly, they may be able to locate the driver on the street or compare nearby vehicles involved in other accidents or drunk driving arrests to the vehicle in your case. Provide them with as much information about the vehicle and driver as possible:
- A description of the driver (age, sex, race, what they were wearing, etc.)
- A description of the vehicle (make, model, sedan vs. truck, number of doors, color, etc.)
- The car’s license plate number; even a partial plate or the plate’s state can help (especially if it is an uncommon, out-of-state plate)
- What happened
- Any damage you saw the vehicle sustain
- Your car’s color, as the police might find your paint on the other vehicle.
Suing the Driver
Typically, drivers in Texas would file third-party claims with the other driver’s liability insurance. If the police or our investigators can find them, then we can sue them for what happened or get money through an insurance claim.
We will need evidence that matches them to the scene of the accident, or an admission that they were the other driver. Locating the car might not be enough; we need to show that this driver was the one driving it at the time, too.
Using Your Own Insurance
It might not be possible to hold the other driver responsible if they fled the scene and couldn’t be located. Instead, you can file a claim with your own insurance.
You may have optional first-party coverages that can cover things like medical expenses or vehicle damage regardless of fault. They often pay faster than waiting for your lawsuit to finish, so you can file these either way.
You can also file a claim with your uninsured or underinsured motorist coverage (UM/UIM) if the other driver is located and cannot afford your damages because they have no insurance or their insurance is too low. UM/UIM can also pay for hit and runs where the other driver is never found.
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. That means you can sue if we can find the driver who hit you, even if you do not have insurance.
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.
Statute of Limitations
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.
Extending the Statute of Limitations
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.
This might require locating and identifying the driver first, then discovering they have fled the state.
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.
Your Insurance
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.
Crime Victim Funds
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.
FAQs for Victims of Hit and Run Accidents in Texas
Can My Dash Cam Help Find the Driver?
Yes! If you caught the crash and the driver’s car/license plate on your dash cam, that is some of the best evidence we can get. We can give their vehicle description and license plate number to the police, they can run a check on it, and they can find the driver that way.
From there, we can gather evidence to show the vehicle’s damage matches the video. We then just need to prove that the owner was the one driving, though the owner might also be at fault if they let someone else drive (and crash) their car.
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.
When Should I Call a Lawyer After a Hit and Run?
You should call a lawyer virtually as soon as you can. Your first call should be to 911 to report the accident and request an ambulance, and then of course notify any family you need to notify, but your next call should ideally be to us.
Work with our Texas car accident lawyers before calling your insurance or giving any information to the insurance company. We can help preserve the evidence we need – such as photos and perhaps even samples of the defendant’s paint on your car.
How Do They Find Hit and Run Drivers?
One of the most common ways that hit and run drivers are discovered is because they are arrested soon afterward for other reasons. This could be because they caused another crash a few miles down the road or because they were arrested for a DUI soon after.
If the police coordinate properly, they can often make the connection and help connect you with that driver’s contact info. However, once the driver “gets away,” the chances of discovering their identity go down.
Even so, connections can be made with dash cam or security camera footage, and local traffic cameras may also be used to track the driver’s movements.
What Are the Chances They Will Find the Driver Who Hit Me?
The police are often more motivated to find hit and run drivers when they cause serious injuries, because these drivers are serious criminals out on the loose. If there was sufficient information to identify the car, the police might have a decent chance of locating the driver.
However, quick action is needed. The chances of correctly identifying a hit and run driver go down the more time that passes after the crash.
Does My Insurance Cover Hit and Runs Where I’m the Victim?
As mentioned, your insurance might have uninsured/underinsured motorist coverage. Texas law requires insurance carriers to offer this coverage, and you need to reject it in writing if you don’t want it. If you didn’t reject the coverage, then you have it, and it should cover hit and runs.
You might also have other coverages – like MedPay and collision coverage – that can help cover your damages as long as you pay a deductible first, lowering your out-of-pocket burden if we cannot find the other driver.
What if Multiple Drivers Were Involved?
If you were involved in a crash with multiple drivers where only one of them fled the scene, this can help you recover in two ways:
- If that driver was partially (or totally) at fault, then you can hold them responsible for their share of the damages they caused you, even if the third driver cannot be located.
- If you were both victims of the hit and run driver, then maybe their information can help the police locate the driver so you can both sue 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.