Being hit by a driver who drives away is frightening. You are hurt, your car may be damaged and the person responsible is gone. Many people assume nothing can be done. Often, that is not true.
This guide explains what Texas law requires of drivers after a crash, what to do after a hit-and-run and how your own insurance may help. It is general education, not legal advice for your situation.
What Texas law requires after a crash
Texas law sets clear duties for any driver involved in a crash. These are in Chapter 550 of the Texas Transportation Code.
When someone is hurt or killed
Under Section 550.021, a driver involved in a crash that injures or kills someone, or is reasonably likely to, must:
- Stop at the scene, or as close to it as possible, right away.
- Return to the scene right away if they did not stop there.
- Check whether anyone was hurt and needs help.
- Stay at the scene until they have met the duties in Section 550.023.
Section 550.023 requires the driver to give their name, address, vehicle registration number and liability insurer. They must show their driver's license if asked. They must also give reasonable help to anyone injured, including taking or arranging to take the person to a doctor or hospital when treatment is needed or requested.
When only vehicles are damaged
Under Section 550.022, a driver in a crash that only damages a vehicle that is driven or attended by a person must stop, return if needed and stay to exchange information. If the other car was parked and empty, Section 550.024 says the driver must find the owner or leave a written note with their name, address and an account of what happened.
Reporting the crash
When a crash causes injury, death or damage that keeps a vehicle from being safely driven, the driver must notify the police or sheriff right away by the quickest means available (Section 550.026).
Penalties for leaving the scene
Leaving the scene is a crime in Texas. The penalty depends on what happened (Sections 550.021, 550.022 and 550.024):
- Death: a second-degree felony.
- Serious bodily injury: a third-degree felony.
- Other injury: up to five years in prison or up to one year in county jail, a fine of up to $5,000, or both.
- Damage to an attended vehicle only: a Class C or Class B misdemeanor, depending on the amount of damage.
A criminal case is separate from your injury claim. The state decides whether to bring charges. Your claim is about getting your losses paid.
What to do after a hit-and-run
- Get to safety and call 911. Ask for police and medical help.
- Do not chase the driver. It is not safe, and it can make things worse.
- Write down what you remember right away: the car's make, model, color, damage, direction of travel and any part of the license plate.
- Take photos of the scene, your car, any paint transfer or broken parts and your injuries.
- Find witnesses. Get their names and phone numbers.
- Look for cameras. Nearby homes, stores and traffic cameras may have video. It is often recorded over within days.
- Get medical care, even if you feel fine. Some injuries show up later.
- Tell your insurance company promptly. Many policies require quick notice.
- Talk to a lawyer before giving a recorded statement.
Who pays when the driver is gone
If police find the driver, you may have a claim against that driver's insurance. If the driver is never found, or had no insurance, your own policy may help.
Uninsured motorist (UM) coverage
Texas insurers must include uninsured and underinsured motorist coverage in auto liability policies unless you rejected it in writing (Texas Insurance Code Section 1952.101). A hit-and-run driver who cannot be identified is generally treated as uninsured.
There is an important rule. When the at-fault driver is unknown, Texas law requires that actual physical contact occurred between that vehicle and you or your property (Section 1952.104). If a car ran you off the road without touching you, a UM claim can be much harder. In chain-reaction crashes, the facts matter a great deal. This is one reason photos, paint transfer and witnesses are so important.
Personal injury protection (PIP)
Texas insurers must also include PIP unless you rejected it in writing (Section 1952.152). PIP pays benefits such as reasonable medical bills and lost income, without regard to who was at fault (Section 1952.155). Insurers are not required to provide more than $2,500 per person (Section 1952.153), and many people carry more. PIP can help you pay bills quickly, even before the rest of your claim is resolved.
Other possible sources
- Collision coverage on your own policy may pay for your car's damage, subject to your deductible.
- Health insurance may cover medical care.
- The Texas Crime Victims' Compensation Program, run by the Office of the Attorney General, lists hit-and-run among the covered crimes. It can help with certain costs after other sources pay. The crime should be reported to police in a reasonable time, and applications generally must be filed within three years.
Pedestrians and cyclists can also be covered. Read about pedestrian accidents in Texas.
Insurance companies may push back
A UM claim is a claim against your own insurer. That does not mean it will be easy. Your insurer may question whether there was contact, how the crash happened or how badly you were hurt. You still need evidence, medical records and a clear account of your losses. Every case is different.
Deadlines
In most Texas injury cases, a lawsuit against the at-fault driver must be filed within two years from the crash (Texas Civil Practice and Remedies Code Section 16.003). Claims under your own insurance policy have their own rules and notice requirements, which depend on the policy. Do not wait to get advice.
Fault rules still apply
Texas uses a modified comparative fault rule. Your compensation is reduced by your share of fault, and you cannot recover if you are found more than 50 percent responsible (Section 33.001). An insurer may argue that you share the blame, even when the other driver fled.
How this fits with other crash claims
A hit-and-run can happen in any kind of crash, including with a rideshare car. Read about Uber and Lyft accidents in Texas, or see all the personal injury cases we handle.
Next step
Attorney Alers is fully bilingual and helps injured people across all of Texas, in person in Dallas–Fort Worth or by phone and video. You pay no attorney's fees unless we recover compensation for you.
Book your injury consultation or call (469) 207-1515. Se habla español.
Frequently asked questions
Is a hit-and-run a felony in Texas?
It can be. Leaving the scene of a crash that causes death is a second-degree felony, and serious bodily injury is a third-degree felony. Leaving after damaging only a vehicle is usually a misdemeanor.
Will my insurance cover a hit-and-run?
Often, yes, if you have uninsured motorist coverage, PIP or collision coverage and did not reject them in writing. The details depend on your policy.
Does a UM claim for a hit-and-run require contact?
Yes. When the driver is unknown, Texas law requires actual physical contact between the hit-and-run vehicle and you or your property. A "phantom" driver who never touched you is much harder to claim against under UM.
What if the police never find the driver?
You may still have a claim under your own uninsured motorist coverage and PIP. The Texas Crime Victims' Compensation Program may also help with some costs.
How long do I have after a hit-and-run in Texas?
A lawsuit against the driver is generally due within two years. Your insurance policy may require much quicker notice, so report the crash and call your insurer right away.