Who Pays for My Damages and Injuries in a Hit and Run Accident?

Many individuals experience confusion and frustration after being struck by a driver who flees the scene. In Texas, a hit and run accident creates legal and financial challenges, particularly when the at-fault driver cannot be identified or located. 

Questions about compensation, insurance coverage, and legal procedures are common. This article outlines the key information accident victims need to determine who may cover damages such as medical expenses, property damage, and other losses after a hit-and-run crash.

Each section below focuses on actionable steps, legal frameworks, and real-world issues specific to Texas law. The goal is to equip readers with practical knowledge and encourage informed decisions, including when to seek guidance from a car accident attorney.

What Is a Hit and Run Under Texas Law?

A hit and run occurs when a driver fails to stop and provide required information or assistance in an accident. 

Under the Texas Transportation Code § 550.021, a driver involved in an accident that results in injury, death, or property damage must stop their vehicle, provide contact and insurance information, and render aid if necessary. 

Failure to do so may result in criminal charges ranging from a misdemeanor to a felony, depending on the severity of the incident.

Common hit and run scenarios include:

• A driver striking another vehicle and leaving without stopping
• A driver hitting a parked car and failing to leave contact details
• A pedestrian injured by a vehicle that does not remain at the scene
• A rear-end collision where the at-fault driver flees before law enforcement arrives

Texas law imposes penalties for drivers who leave the scene of an accident, but these penalties do not guarantee that the injured party will recover compensation. That outcome often depends on available insurance coverage and the steps taken after the incident.

Insurance Coverage That May Apply

When a hit-and-run driver cannot be identified, compensation often depends on the victim’s own insurance coverage. Depending on the terms of the insurance agreement and the type of loss sustained, several types of policies may offer benefits in these situations.

Uninsured Motorist (UM) and Underinsured Motorist (UIM) Coverage

Uninsured motorist (UM) coverage applies when a person is injured by a driver who does not carry liability insurance or cannot be identified, such as in a hit and run. Under Texas Insurance Code § 1952.101, insurance companies must offer UM and UIM coverage as part of every auto insurance policy unless the policyholder declines it in writing.

UM coverage may apply to:

• Medical expenses resulting from injuries
• Lost wages due to time away from work
• Pain and suffering, if allowed under the policy
• Funeral costs in fatal accidents

This type of coverage is typically the primary source of compensation in hit and run cases where the at-fault driver cannot be found. However, filing a UM claim requires the injured person to prove that the accident was caused by another vehicle and that they were not at fault.

Personal Injury Protection (PIP) and Medical Payments (MedPay)

PIP and MedPay are forms of optional coverage in Texas that help cover medical bills regardless of fault. PIP also reimburses lost income and certain non-medical expenses related to the accident. These coverages may provide immediate financial relief while a UM claim is pending or if the liable driver remains unidentified.

Although Texas insurers are required to offer PIP, the policyholder must select it for it to apply. MedPay is also optional and may have lower limits or more restrictive terms.

Collision and Comprehensive Coverage

For vehicle repairs, collision coverage may apply if a hit-and-run driver causes property damage. Comprehensive coverage may assist in certain scenarios, such as damage from a non-contact incident (e.g., a hit-and-run resulting in the victim crashing to avoid impact). These coverages are subject to deductibles and the specific terms of the policy.

Not all drivers carry collision or comprehensive coverage. If these are not included in the policy, the vehicle owner may be responsible for repair costs unless the hit and run driver is located and held accountable.

Who Actually Pays for Your Losses?

In a standard car accident case, the at-fault driver’s liability insurance would cover the injured party’s damages. In a hit and run, that option is unavailable unless the driver is later identified. As a result, the injured party may have to rely on their insurance coverage for recovery.

The order of payment typically follows the following pattern:

1. Personal Injury Protection (PIP). Pays initial medical expenses and lost income, if available.
2. Uninsured Motorist (UM) Coverage. Pays additional medical bills, pain and suffering, and lost wages.
3. Collision Coverage. Pays for vehicle damage, subject to the policy deductible.
4. Health Insurance. It may cover treatment not paid by auto policies, but may require reimbursement if a settlement is later reached.

If the injured person does not carry UM, PIP, or collision coverage, recovery may be limited unless the driver is found. In such cases, the victim may attempt to pursue a civil claim if the driver’s identity is later confirmed. However, uninsured drivers often lack the assets to satisfy a judgment, which makes recovery more difficult.

Subrogation issues may also arise. If a health insurer or MedPay provider pays medical expenses and a UM settlement is later reached, those entities may assert a right to reimbursement from the proceeds. These claims must be evaluated to ensure that any final settlement reflects the claimant’s net recovery.

Filing a Hit and Run Claim in Texas

Specific steps must be taken after a hit-and-run accident to preserve legal options and ensure eligibility for insurance coverage. Insurance policies often include time limits for reporting accidents and filing claims, particularly when the liable party cannot be identified.

Reporting to Law Enforcement

A police report is often required for a UM claim to proceed. The report documents the incident, including time, location, witness information, and visible damage. This is independent evidence that the accident occurred and may help rule out fraudulent claims.

Under Texas Transportation Code § 550.026, any accident involving injury or property damage must be reported to local law enforcement. In hit-and-run cases, timely reporting is especially important to establish a record before evidence is lost or memories fade.

Filing the UM Claim

To initiate a UM claim, the policyholder typically must.

• Notify their insurer of the accident promptly
• Provide a copy of the police report
• Submit medical records and damage estimates
• Cooperate with any insurer investigation

Insurance companies may request a recorded statement or written affidavit detailing the events. They may also investigate whether the claimant contributed to the accident or failed to take reasonable steps to avoid harm. If liability is disputed, the insurer may delay or deny the claim, which can lead to further legal action.

This process may differ depending on the insurance company’s internal procedures and policy language. In some cases, the injured person may benefit from legal representation to ensure that the claim is documented correctly and that deadlines are met.

Proving the Hit and Run Was Not Your Fault

Insurers may require substantial proof to support the claim when the at-fault driver is unknown. A preponderance of the evidence is needed to show that another vehicle caused the incident and that the claimant acted reasonably. Insurance carriers often scrutinize hit-and-run claims more closely due to the potential for fraud or misinformation.

The following documentation may be required to strengthen a claim:

• Photographs of vehicle damage and skid marks
• Witness statements corroborating the sequence of events
• Medical records linking injuries to the timing of the accident
• Surveillance or dashcam footage showing the other vehicle

In some situations, accident reconstruction reports may be prepared to demonstrate how the collision occurred. These reports rely on physics-based analysis and damage patterns. Insurers are more likely to approve claims when external evidence supports the claimant’s version of events and rules out other causes.

Settlement Potential and Limitations in Hit and Run Cases

Compensation in hit-and-run cases may differ from traditional auto accident claims. When the responsible driver is never located, the insurance company pays under the terms of the UM or PIP policy, not under a third-party liability policy. This changes how settlement values are determined and what damages may be recoverable.

Typical damages in a UM-based hit and run settlement may include:

• Medical bills
• Rehabilitation expenses
• Lost wages
• Pain and suffering (if covered by the policy)
• Funeral expenses in wrongful death cases

However, punitive damages are generally unavailable in UM claims, as the insurer steps in to replace the unknown party rather than punish wrongdoing. A separate civil suit may pursue additional damages if the driver is later identified and found to have acted with gross negligence or intentional harm.

Policy limits also limit the amount recoverable. For example, if a driver holds $30,000 in UM coverage, the total recovery from that policy cannot exceed that amount, regardless of actual losses.

What If the Hit and Run Driver Is Found?

If law enforcement identifies the driver after the claim is filed, new legal options may become available. The injured party may file a third-party claim against the driver’s liability policy or pursue a civil lawsuit for personal injury damages.

This may lead to:

• Access to a higher policy limit
• A claim for punitive damages if egregious conduct is proven
• A restitution order as part of a criminal conviction

However, identification does not guarantee recovery. Many hit-and-run drivers lack sufficient insurance coverage or personal assets. The injured party’s UM claim may proceed independently, and if the driver is located later, the insurer may exercise its right to reimbursement through subrogation.

Whether to pursue a civil claim depends on the driver’s coverage status, financial condition, and the comparative value of the UM benefits already received.

When to Contact a Texas Hit and Run Accident Attorney

Legal representation is not mandatory for filing a UM or PIP claim, but it may be helpful in several situations.

• The insurer denies the claim or offers an inadequate settlement
• Liability is disputed, or the evidence is incomplete
• Injuries are severe or involve long-term medical care
• The driver is identified, and a civil claim is being considered

A Texas hit and run attorney can review the policy language, ensure compliance with reporting requirements, and help calculate the claim’s fair valuation. Legal assistance may also help coordinate lien resolution, negotiate settlement terms, or prepare for litigation if necessary.

Legal coordination can prevent errors that reduce recovery in cases involving multiple insurance layers, such as a UM claim and a liability suit against the known driver.

Texas Deadlines and Legal Procedures for Hit and Run Claims

Under Texas Civil Practice and Remedies Code § 16.003, most personal injury claims must be filed within two years of the accident date. This statute of limitations applies even if the at-fault driver remains unidentified.

Other time-sensitive requirements may include:

• Prompt notice to the insurer, typically within 30 days under many policies
• The filing of a police report, which is often required to trigger UM benefits
• Retention of physical evidence, photographs, and repair records

Failure to meet these procedural obligations may result in denying coverage or dismissing a civil claim. Individuals are encouraged to begin the documentation and reporting process as soon as possible to preserve their legal options.

What to Expect After Filing a Hit and Run Claim

Once a claim is submitted, the insurance company will conduct an investigation. This may include requests for documentation, interviews, and review of police records. Claimants may be asked to submit a sworn statement or undergo a medical examination.

The insurer may:

• Accept liability and pay damages up to policy limits
• Offer a lower settlement than requested
• Deny the claim based on insufficient proof or alleged fault

If the insurance company does not provide a fair resolution for the compensation you are owed, the issue may proceed to arbitration or court. Some UM policies include binding arbitration clauses that replace jury trials, while others permit litigation under general contract principles.

Mediation may also occur, particularly in larger claims. During mediation, both sides present their case to a neutral third party who assists with negotiation. Settlement offers may increase if well-organized evidence supports the claimant’s assertions.

Checklist. What to Collect After a Hit and Run in Texas

The following items may improve the chances of a successful claim for individuals injured in a hit-and-run crash.

• A certified copy of the police crash report
• Photos of the accident scene, vehicle damage, and injuries
• Medical bills and treatment records
• Evidence of lost income (pay stubs, employer letters, or tax forms)
• Surveillance or dashcam footage
• Witness names and contact details
• Insurance declarations showing UM, PIP, or MedPay coverage
• Written communication with the insurance company
• Repair estimates or total loss documentation
• Receipts for out-of-pocket expenses

Organizing these materials early helps prevent delays and allows for stronger negotiations.

Contact a Car Accident Attorney in Texas for Evidence-Based Case Evaluation

Ryan Orsatti Law offers consultations to individuals injured in hit-and-run accidents throughout Texas. If you are unsure whether your losses are covered or an insurer has delayed or denied your claim, an attorney can help you assess your options based on Texas law and your policy details.

To schedule a free consultation with a Texas car accident lawyer, call (210) 899-5761 or submit a request online. There is no charge unless compensation is recovered on your behalf.