San Antonio Hit and Run Lawyer

What Does Texas Law Say About Hit and Run Accidents?

Leaving the scene of a crash that causes injury or death is a felony under Texas Transportation Code § 550.021. Every driver involved in a Texas collision is required by law to stop, provide identifying information, and render aid to anyone who is hurt. Criminal penalties scale with the severity of harm caused:

1. Third-degree felony when another person suffers serious bodily injury (2 to 10 years in prison)
2. Second-degree felony when the crash results in death (2 to 20 years in prison)
3. Class B misdemeanor when only property damage occurs (up to 180 days in jail)

A criminal conviction for leaving the scene can support the liability portion of your civil case, because fleeing reflects consciousness of guilt under Texas law. Criminal and civil cases run on separate tracks, so a conviction does not automatically compensate your losses. 

You must separately pursue a civil or insurance claim to recover financial damages.

How Does Uninsured Motorist Coverage Apply to Your Hit-and-Run Case?

In a Texas hit-and-run, the at-fault driver is treated as an uninsured motorist. If an uninsured driver hit me in Texas, your own UM policy may cover your medical expenses, lost wages, and pain and suffering up to your selected limits, even if the driver is never found.

Texas Insurance Code Chapter 1952 requires every Texas insurer to offer UM/UIM coverage with every personal auto policy. Policyholders may reject this coverage only by signing a written rejection form. If you never signed one, you almost certainly have this protection active on your current policy.

Is There a Policy Clause That Could Block Your Hit and Run Claim?

This is the provision most victims discover only after a denial letter arrives. Some Texas auto policies include a physical contact requirement for phantom vehicle claims, meaning the unidentified vehicle must have physically touched your car for UM coverage to apply. 

Texas Insurance Code Chapter 1952 does not mandate this clause, but individual policy language may include it as a contractual term.

Based on cases we have handled in Bexar County, insurers are far more likely to challenge a phantom vehicle claim when no police report was filed, no witness exists, and no dashcam footage is available. A documented record created in the immediate hours after the crash is the most reliable protection against this specific type of denial and can provide critical support when filing a personal injury claim.

What Are Your UM Coverage Limits, and Does Stacking Apply?

Texas minimum UM bodily injury coverage is $30,000 per person and $60,000 per occurrence, though many drivers carry higher limits. Uninsured motorist property damage (UMPD) is a separate coverage option that pays for vehicle repair. Without it, vehicle damage falls under your collision coverage, subject to your deductible. Because the dangers of low-speed collisions are often underestimated, even crashes that appear minor can lead to unexpected repair costs and injury-related expenses.

Some Texas policies also allow stacking UM limits across multiple vehicles on the same policy, which is worth examining before any settlement discussion.

What Should You Do After a Hit and Run Once You Are Home?

The steps below begin when you are safely home and have addressed any immediate medical needs. Each one is ordered by its direct impact on your claim.

Step 1: Write everything down immediately. Record the exact location, time of day, any portion of the license plate you observed, the vehicle’s color, make, and body style, and every physical symptom you noticed, however minor it seemed.

Step 2: File a police report with SAPD. Most Texas UM claims require documented proof the accident was reported to law enforcement. SAPD’s online reporting portal handles non-injury crashes. For injury crashes, call (210) 207-7273 or dial 911.

Step 3: Notify your insurance company. Open the UM claim, confirm your coverage types and limits, and do not provide a recorded statement before speaking with an attorney.

Step 4: Seek medical evaluation even without obvious symptoms. Concussions, soft tissue damage, and internal bruising often produce no noticeable pain for 24 to 72 hours. A gap between the crash date and your first medical record is one of the most common tools insurers use to reduce claim value.

Step 5: Preserve your vehicle and any physical evidence. Photograph every angle of the damage and back up dashcam footage immediately. Most systems overwrite on a continuous loop within 24 to 48 hours.

Step 6: Contact a hit and run attorney in San Antonio. An attorney acting on day one can send legal preservation notices that obligate nearby businesses and traffic cameras to retain footage before it is deleted.

Why the First 24 Hours After a Hit and Run Determine What Evidence Survives

Surveillance footage is routinely overwritten within 24 to 72 hours. Once it is gone, no legal process recovers it. The primary reason early cases produce stronger outcomes is preservation, not legal strategy alone. Acting quickly also helps preserve critical medical evidence in personal injury case, which can be essential in proving the extent of injuries and damages.

What Compensation Can Hit and Run Victims Pursue in Texas?

Why San Antonio Hit and Run Victims Work With Ryan Orsatti Law

Most firms approach a hit-and-run like any other collision claim. We start differently. Before a single claim is filed, we pull the exact language of your policy to identify whether a physical contact clause, a stacking provision, or a UMPD gap will affect your recovery. Those are the provisions insurers rely on to pay less, and we know where to push back.

Understanding these coverage issues is often critical when it comes to paying for injuries in a hit and run accident and maximizing the compensation available under your policy.

Our process for every hit-and-run case includes:

• Sending evidence preservation notices to businesses, traffic cameras, and nearby residences within the first 48 hours, wherever possible
• Handling all insurer communications so you are not making statements that could be used against your claim
• Filing suit in Bexar County when an insurer undervalues or wrongfully denies a legitimate claim
• Charging no attorney fee unless we recover compensation for you

Frequently Asked Questions About Hit and Run Accidents in San Antonio