What to do when the other driver flees — and how you still get paid.
Hit-and-run crashes are one of the most frustrating ways to be injured on a Texas road. You did nothing wrong. Another driver hit you, panicked, and ran. Now you're staring at a totaled car, an emergency-room bill, and the very real fear that nobody will pay for any of it.
Here's the part most people don't realize: in North Texas, you can usually recover even if the hit-and-run driver is never identified. The law just makes you take the right steps quickly.
We walk you through the steps that protect your claim from the moment after the crash.
Leaving the scene of an accident involving injury is a felony in Texas. Under Texas Transportation Code § 550.021, a driver involved in a crash resulting in injury must stop, render aid, and exchange information. Failing to do so can carry up to 5 years in prison if the crash caused serious bodily injury, and up to 20 years if it caused death. Even property-damage hit-and-runs are criminal offenses under § 550.022.
That's the criminal side. On the civil side — the side that pays your medical bills, lost wages, and pain — the fleeing driver's identity is helpful but not required.
Every Texas auto policy is sold with Uninsured/Underinsured Motorist (UM/UIM) coverage unless you affirmatively rejected it in writing. Under Texas Insurance Code § 1952.101 & following, a hit-and-run driver who flees the scene is legally treated as an uninsured motorist — even if they actually had insurance — because they can't be identified.
What this means in practice: your own auto policy is the source that pays your hit-and-run claim. You file against your UM coverage, and your insurer steps into the shoes of the phantom driver.
Texas requires a "physical contact" rule for UM hit-and-run claims (Insurance Code § 1952.104). The fleeing vehicle has to have actually touched yours. A "phantom car" that swerved you off the road without touching you may not qualify unless corroborated by an independent witness.
UM carriers fight hit-and-run claims harder than at-fault collisions because no opposing driver exists to dispute. Common tactics include:
Texas law also gives UM insureds the unusual right to sue their own insurance company under Texas Insurance Code Chapter 541 and 542 for unfair claim-handling practices — including treble damages and attorney's fees in clear bad-faith cases. That leverage is one of the most important reasons to put an attorney on the file early.
North Texas police departments — especially Dallas PD's Hit and Run Unit — do identify a meaningful percentage of fleeing drivers, particularly when there's surveillance video or a partial plate. If the at-fault driver is found and has liability insurance, your claim shifts to third-party:
Texas Civil Practice & Remedies Code § 16.003 gives you two years from the date of the wreck to file a lawsuit for personal injury — including a UM claim against your own carrier. The clock does not pause because the driver was never caught. Miss the deadline and the claim is gone.
North Texas has the highest volume of hit-and-run wrecks in the state — concentrated on Central Expressway, LBJ, the High Five, Highway 75 through Plano and McKinney, and the Dallas North Tollway. We see patterns specific to this market:
Tell us briefly what is going on. An attorney will respond.
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