The other driver took off, and you are left with the injuries, the damaged car, and the questions. A hit and run accident lawyer in Texas can help you figure out who pays when the person who hit you is gone. At Badcrash.com, attorney Justin Martin and our team start by listening to your story.
We focus on getting you the medical care you need, so you can get back to working and living the way you want.
From there, we look for every insurance policy that could pay for your losses, even if police never find the driver. Tell us what happened, and a Texas car accident lawyer on our team can explain your options at no cost.
What to Do Right After a Hit-and-Run Crash
Get to a safe spot and call 911 if anyone is hurt. Don’t chase the other driver, because that can put you in more danger. Before you leave the scene, try to collect as much of the following as you safely can:
- The other car’s color, make, model, and any part of the license plate
- The direction it went and any paint or parts it left behind
- Photos of your car, the road, debris, and skid marks
- Names and phone numbers of anyone who saw the crash
- Nearby homes and businesses that might have security or doorbell cameras
See a doctor the same day, even if you feel fine, since some injuries show up hours or days later. Under Texas law, the officer has until the 10th day after the crash to send the report to the Texas Department of Transportation, and TxDOT sells crash reports for $6, or $8 for a certified copy.
For a free legal consultation with a hit and run accident lawyer serving Texas, call 800-BADCRASH today
Texas Law Makes Leaving the Scene a Crime
Under Texas Transportation Code § 550.021, a driver in a crash that hurts or kills someone must stop, check whether anyone needs help, and stay to give information and aid. Leaving is a second-degree felony when someone dies and a third-degree felony when someone suffers serious bodily injury.
The criminal case and your injury claim are separate. Prosecutors decide whether to charge the driver, while your claim is about paying for your medical bills, lost pay, and pain. A conviction can help show what happened, but you don’t have to wait for one to start your claim.
Justin the Lawyer and our team can follow the police investigation while we build the insurance side of your case. If police identify the driver later, we can go after that driver’s insurance too.
What Happens If Police Never Find the Driver?
If police never find the driver, you may still have a claim through your own uninsured motorist coverage, which Texas insurers must include unless you rejected it in writing under Texas Insurance Code § 1952.101. Many people believe a hit-and-run with no driver means no case. That belief is wrong for anyone who kept this coverage.
There is one catch. Texas Insurance Code § 1952.104 requires actual physical contact between the unknown driver’s vehicle and you or your property before uninsured motorist coverage pays. If a driver ran you off the road without touching your car, this coverage may not apply.
Depending on your policy, these coverages may help after a hit-and-run:
- Uninsured motorist bodily injury: medical bills, lost pay, and pain when the driver is unknown
- Uninsured motorist property damage: repairs to your car
- Personal injury protection (PIP): medical bills and lost income no matter who caused the crash, with a required amount of $2,500 per person under Texas Insurance Code § 1952.153 unless you rejected it in writing
- Collision coverage: car repairs, minus your deductible
Because PIP pays regardless of fault, it may help even while the insurer questions whether another car touched yours. Badcrash.com can go through your declarations page with you and point out coverage you may not know you have.
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Help From the Texas Crime Victims’ Compensation Program
Hit-and-run victims can apply to the Crime Victims’ Compensation Program run by the Office of the Texas Attorney General, which lists hit-and-run as a covered crime. You must apply within three years, report the crime to police within a reasonable time, and cooperate with the investigation.
The program can cover costs such as medical bills, lost wages, counseling, and travel to medical care. It does not pay for property damage or for pain and suffering. It also considers collateral sources, such as insurance, that may cover the same bills.
You can reach the program at (800) 983-9933 with questions about eligibility. The team at Badcrash.com can help you see how this program fits with your insurance claim.
Proving Fault and Your Losses in a Texas Hit-and-Run Claim
Your own insurance company may still argue about how the crash happened. Under Texas Civil Practice and Remedies Code § 33.001, you can’t recover damages if you are more than 50% responsible, and a smaller share of fault can reduce what you receive.
That makes evidence important even when the other driver is gone. Paint transfer, debris, video, and witness statements can show that another vehicle hit you and that you didn’t cause the crash. Badcrash.com can gather that evidence before video gets erased or witnesses become hard to reach.
Your losses may include medical bills, future treatment, lost pay, car repairs, and the pain that changes your daily life. Keep every bill and receipt, and write down the days you miss work or can’t do normal things. These records help show what the crash has cost you.
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Texas Deadlines for Hit-and-Run Claims
In Texas, you generally have two years from the date of the crash to file a personal injury lawsuit under Texas Civil Practice and Remedies Code § 16.003. Your insurance policy may require you to report the crash and give notice much sooner. Missing a policy deadline could give the insurer a reason to deny the claim.
Some deadlines work differently. If the vehicle that hit you turns out to belong to a city or state agency, Texas Civil Practice and Remedies Code § 101.101 generally requires notice within six months, and a city charter may set its own deadline. For a child, the two-year clock usually doesn’t start until the child turns 18 under § 16.001.
An insurer may offer a quick settlement before you know how much treatment you need. Once you sign a release, you usually can’t ask for more later, so Justin Martin can check the offer and your deadlines before you decide.
How a Texas Hit and Run Accident Lawyer at Badcrash.com Can Help
The hit and run accident lawyers in Texas at Badcrash.com handle the insurance fight so you can focus on healing. We can connect you with medical providers who offer evening and weekend appointments and work around your job and child care. We can also arrange rides to your medical appointments.
Medical bills can pile up while a claim is open, so we can work with your providers so hospital bills don’t damage your credit. You talk to real people who know your case, and we give you regular updates and answer your questions along the way. You pay no attorney’s fees unless we recover compensation for you.
Over his career, Justin Martin has worked on cases that recovered more than $1 billion for injured clients, though every case depends on its facts. Past results do not guarantee future outcomes.
He belongs to the Texas Trial Lawyers Association and the National Black Lawyers and was named to The National Trial Lawyers’ Top 100 Trial Lawyers list.
Talk to Badcrash.com About Your Texas Hit-and-Run Crash
A driver who leaves the scene shouldn’t get to decide whether you get help. At Martin Law Firm, AKA Badcrash.com, a hit-and-run accident lawyer in Texas can review your crash report, your policy, and your injuries, then explain what options you may have.
We are available 24/7, and we can travel to meet you if getting to an office is hard while you recover. Call Badcrash.com for a free consultation, and let us take the insurance fight off your plate.
Learn more about Badcrash.com and our team here.
Call or text 800-BADCRASH or fill out our Free Case Evaluation Form to get started
