Introduction
Being involved in a hit and run accident is one of the most frustrating experiences a driver can face. The shock of the collision is compounded by the realization that the other driver has fled, leaving you with vehicle damage, potential injuries, and a mountain of questions about what happens next.
In Austin and throughout Texas, hit and run accidents occur with alarming frequency. According to the Texas Department of Transportation, thousands of hit and run crashes happen across the state each year. Whether you were struck on I-35, MoPac, or a neighborhood street, understanding your legal rights and the immediate steps you should take can make a significant difference in your ability to recover compensation.
What Constitutes a Hit and Run in Texas?
Under Texas Transportation Code Section 550.021, a hit and run occurs when a driver involved in a collision fails to stop and fulfill their legal obligations. Texas law requires all drivers involved in an accident to stop immediately, provide their name, address, and vehicle registration information to other parties, show their driver’s license upon request, and render reasonable assistance to injured persons.
When a driver leaves without fulfilling these obligations, they commit the offense of leaving the scene—regardless of whether the accident involves another vehicle, a pedestrian, a cyclist, or property like a parked car.
Critical Steps to Take After a Hit and Run
The moments following a hit and run are crucial for protecting both your safety and your legal rights.
Prioritize Safety and Call 911
Move your vehicle out of traffic if possible and turn on your hazard lights. Call 911 immediately—having an official police report is essential for both criminal investigation and insurance claims. Provide the dispatcher with your exact location, a description of what happened, and any information about the fleeing vehicle.
Document Everything
While details are fresh, record everything you remember: the vehicle’s make, model, color, and approximate year; any portion of the license plate; distinguishing features like dents or bumper stickers; and the direction of travel. Use your smartphone to photograph your vehicle damage, debris left behind, skid marks, and the surrounding area.
Gather Witnesses
Look for anyone who witnessed the accident. Obtain their contact information—witness statements can be invaluable, especially if they captured details you missed or have dashcam footage.
Seek Medical Attention
Many victims decline treatment because they don’t feel seriously injured, but adrenaline can mask symptoms. Whiplash, concussions, and internal injuries may not become apparent until hours or days later. Seeing a doctor promptly creates medical documentation linking your injuries directly to the accident, which is essential for any personal injury claim.
KEY TAKEAWAY: The first hour after a hit and run is critical. Prioritize safety, call 911, document everything you can, and gather witness information. These immediate actions significantly improve the chances of identifying the fleeing driver and strengthen your insurance claim.
Texas Hit and Run Penalties
Texas takes hit and run offenses seriously, with penalties that escalate based on severity.
Property Damage Only: Class C or B misdemeanor with fines up to $2,000 and possible jail time of up to 180 days.
Hit and Run with Injuries: Third-degree felony carrying 2-10 years in prison and fines up to $10,000.
Hit and Run with Fatalities: Second-degree felony with 2-20 years in prison, fines up to $10,000, and permanent license revocation.
Your Insurance Options When the Driver Can’t Be Found
One of the most common concerns after a hit and run is how to pay for repairs and treatment when the at-fault driver cannot be identified.
Uninsured Motorist Coverage (UM)
Uninsured motorist coverage protects you when hit by a driver who either doesn’t have insurance or cannot be identified—which includes hit and run situations. Texas insurance companies must offer UM coverage, though you can reject it in writing. This coverage typically includes bodily injury (medical expenses, lost wages, pain and suffering) and property damage components.
Collision Coverage
Collision coverage pays for vehicle repairs regardless of fault, though it typically requires a deductible. Unlike UM coverage, it doesn’t cover medical expenses or injury-related damages.
Personal Injury Protection (PIP)
PIP coverage pays for medical expenses and lost wages regardless of who caused the accident. It provides immediate payment without requiring identification of the at-fault driver—making it particularly valuable in dealing with personal injury claims after a car accident.
KEY TAKEAWAY: Review your auto insurance policy to understand your coverage. Uninsured motorist coverage is your best protection when the at-fault driver cannot be found. If you don’t currently have UM coverage, consider adding it to protect yourself in the future.
Filing Your Insurance Claim
Contact your insurance company within 24-72 hours to report the hit and run. Provide the police report number, accident details, information about the fleeing vehicle, photos, and medical records if you’ve been treated.
When speaking with your adjuster, be truthful but avoid speculating. Stick to facts you know for certain. Even your own insurance company is looking to minimize payouts, so consider consulting with an attorney before giving a recorded statement.
If your claim is denied or you receive an inadequate settlement offer, don’t accept it without consulting a hit and run accident attorney. Common denial reasons include lack of evidence, disputes over damage extent, or coverage exclusions—all of which an experienced lawyer can challenge.
When to Contact a Hit and Run Attorney
While you can handle simple property-damage claims independently, many situations benefit from legal representation. Contact an Austin car accident attorney if you suffered injuries requiring medical treatment, your insurance company denied your claim or offered an inadequate settlement, you’re being blamed for the accident, or multiple parties or insurance companies are involved.
An experienced attorney can review your policy to identify all available coverage, investigate to gather additional evidence, negotiate for maximum compensation, and file a lawsuit if necessary.
Most personal injury attorneys work on a contingency fee basis—you pay nothing unless they recover compensation for you.
KEY TAKEAWAY: Hit and run cases involve unique challenges, including proving the accident occurred and overcoming insurance company resistance. An experienced Austin car accident attorney understands these challenges and knows how to build a strong case that overcomes them.
Protecting Yourself from Future Incidents
Invest in a Dashcam: Dashboard cameras capture license plates, accident footage, and the direction fleeing vehicles travel. Modern dashcams are affordable and easy to install.
Review Your Insurance: Verify you have adequate UM coverage. The small additional premium is worthwhile considering how frequently hit and runs occur on Texas roads.
Practice Defensive Driving: Maintain safe following distances, stay alert, and watch for erratic drivers.
How Lee, Gober & Reyna Can Help
If you’ve been the victim of a hit and run accident in Austin, our experienced legal team understands the unique challenges you’re facing. We know how to navigate complex UM claims, investigate hit and run accidents, deal with resistant insurance companies, and pursue all available sources of compensation.
We work on a contingency fee basis, meaning you pay nothing unless we successfully recover compensation for you. Contact Lee, Gober & Reyna today for a free consultation about your hit and run case.
Frequently Asked Questions
What should I do if I witness a hit and run accident?
Call 911 immediately with as much information as possible about the fleeing vehicle—license plate, make, model, color, and direction of travel. Stay at the scene if safe and offer to provide a witness statement. Your testimony could be crucial in identifying the fleeing driver.
Will my insurance rates increase if I file a hit and run claim?
Filing under uninsured motorist coverage typically should not increase your rates, as you were not at fault. Texas law generally prohibits insurers from raising rates based solely on not-at-fault claims. Claims under collision coverage may vary by policy.
How long do I have to file a lawsuit after a hit and run in Texas?
The statute of limitations for personal injury and property damage claims is generally two years from the accident date. However, insurance claims have much shorter notification requirements—often 24-72 hours—so report immediately.
Can I recover compensation if the driver is never found?
Yes, if you have uninsured motorist coverage, you can file a claim with your own insurance company for medical expenses, lost wages, and pain and suffering up to your policy limits. Collision coverage will also pay for vehicle repairs regardless of whether the driver is identified.
What evidence do I need to prove a hit and run occurred?
Gather an official police report, photographs of damage and the scene, witness statements, medical records, surveillance footage, and any parts or paint left by the fleeing vehicle. Comprehensive documentation is essential to overcome insurance company challenges.