Hit and Run Accidents in Texas — Your Rights and Your Options

What to Do Immediately at the Scene

The first minutes after a hit-and-run are critical. The decisions you make in this window directly affect whether the driver is identified and whether your insurance claim succeeds.

• Call 911 immediately — report the accident and the direction the fleeing vehicle traveled. Police can sometimes intercept the vehicle if notified quickly.
• Try to note the vehicle description — make, model, color, any partial plate number, damage to the vehicle. Even partial information helps investigators.
• Look for witnesses — anyone who saw the accident or the fleeing vehicle. Get their contact information before they leave.
• Photograph everything — the scene, your vehicle damage, your injuries, skid marks, road debris, and any surveillance cameras in the area.
• Note nearby cameras — gas stations, businesses, traffic cameras, ATMs, Ring doorbells. Your attorney can subpoena this footage if requested quickly.
• Do not leave the scene before police arrive and a report is taken.
• Seek medical attention the same day — injuries from hit-and-run accidents can be serious. Same-day medical documentation is essential for your insurance claim.

Your Compensation Options After a Texas Hit-and-Run

Uninsured Motorist Coverage — Your Primary Tool in a Hit-and-Run

Your own uninsured motorist (UM) coverage is your most important resource after a hit-and-run. UM coverage treats a hit-and-run driver as an uninsured driver and pays your bodily injury damages up to your policy limit.

To make a successful UM claim for a hit-and-run in Texas, most policies require:

• Physical contact — most Texas UM policies require actual physical contact between the hit-and-run vehicle and your vehicle or your person (check your specific policy — some policies cover “phantom vehicle” scenarios without contact)
• A police report — filed promptly after the accident
• Prompt notification to your insurer — typically required within a specific timeframe under your policy

If the Driver Is Later Found

Hit-and-run drivers are identified more often than victims expect — through surveillance footage, license plate readers, witness accounts, and damage matching. When the driver is identified, your options expand significantly:

• You can file a claim with the driver’s liability insurance (if they have any)
• You can file a lawsuit against the driver for your full damages
• You can seek punitive damages for the hit-and-run conduct itself — fleeing the scene is evidence of consciousness of guilt and can support gross negligence findings

If you have already collected under your UM coverage and the driver is later identified, your insurance company may have a subrogation right — meaning they pursue the driver to recover what they paid you. Your attorney can help navigate how identification of the driver affects your overall recovery.

Hit-and-Run as a Criminal Offense in Texas

Leaving the scene of an accident is a criminal offense in Texas. The severity depends on the outcome of the accident:

A criminal conviction for hit-and-run is powerful evidence in your civil case and strongly supports a punitive damages claim against the identified driver.