What to Do After a Hit-and-Run Car Accident in Texas
Did you get in a Hit-and-run car accident in Texas? One of the most helpless feelings is getting into a car accident and then seeing the other vehicle speed away, especially if you’re injured or with a totaled car. And these circumstances are worsened if this occurs on a lonely Texas road with few motorists passing by to assist you. But even if this happens on a busy roadway, it can cause quite a lot of stress as you attempt to figure out how to heal and get your expenses paid for.
If you’re the victim of a hit-and-run car accident in Texas, you should act as quickly as possible for a number of reasons, mostly related to legal obligations, your health and increasing your chances of a fair settlement in the end.
And do keep in mind that the penalties that are assessed to hit-and-run drivers who are later identified can be severe, potentially even resulting in felony charges. So, Texas laws treat this type of crime seriously. Of course, that doesn’t eliminate this from happening, but it does dissuade it.
What Counts as a Hit-and-Run Accident in Texas
If any damage to a vehicle or injuries or deaths occurred to people as a result of a crash, every involved driver needs to stay at the scene or at least as close to it as can be safely done. Then, they should see if anyone on site requires aid. Exchanging registration and insurance information would also take place now when possible.
This is according to Texas Transportation Code Sec. 550.021 and Sec. 550.022. Most notably, someone who doesn’t do that is engaging in a hit-and-run act.
And know that this doesn’t have to be a vehicle-vehicle accident. If a cyclist, pedestrian or simply property is hit by a car that is then immediately driven away, that constitutes a hit-and-run collision as well. So, if you return to your parked car to see that it’s been hit by another vehicle while you were gone, you were the victim of a hit-and-run accident and may want to consider the services of a car accident attorney.
Step 1: Prioritize Safety and Call 911
What’s the first step that you should do after you’ve been the victim of a hit-and-run driver? Prioritize your health and the health of others on scene. More specifically, check for any injuries that have been suffered by you or others, and request medical help if necessary.
If your vehicle’s not in a safe location, move it to one if you’re able to do so.
Also contact the police. If anyone’s injured or there’s notable property damage, call 911. Conversely, if nobody’s hurt and the damage is minor, you can call the local police department’s non-emergency number. In most cases, an officer will be dispatched to the site of the hit-and-run accident, and their recorded observations can prove pivotal as they’ll provide an official account of what happened.
Keep in mind that you shouldn’t chase the other driver. Not only could this act be dangerous, but it’s also against the law since you’re legally required to remain on scene.
Step 2: Gather as Much Information as Possible
It’s essential to gather as much information as possible.
If you’re able to, note all details possible about the fleeing vehicle. These can include its color, make, model and which direction it was heading when you last had sight of it. Of course, its license plate number is an especially valuable piece of information, and even partial numbers can help locate this person later.
Also take photos and videos of the scene, including damage to your vehicle. If you notice anything that broke or fell off of the departing car, pay special attention to that. Photographs and videos of lights and road and weather conditions could prove pivotal as well.
If in doubt, record something. It’s always better to have too many photos and videos than to later realize that you should have recorded something but didn’t.
In addition, see if there are any homes or businesses nearby with cameras that may have recorded the accident, noting that those videos may be erased in the coming hours or days, so act fast in requesting that footage. A car accident lawyer can assist with this process.
Speak with any witnesses and get their contact information as well.
Step 3: File a Police Report Immediately
If a police report hasn’t been filed yet, if an officer wasn’t called to the scene, do that now. This process should be completed within 24 hours as insurance company requirements related to this can be strict. In addition, note that filing one is a legal requirement if anyone was injured or there was at least $1,000 in property damage.
When you do this, you’ll need your vehicle registration, proof of insurance and ID card. As you speak with the officer, provide as many details of the accident as well as of the hit-and-run driver and vehicle as possible.
Make sure to ask for the police report number at this time so that your car wreck attorney and others can easily request that document later. It will be the only official account of what happened.
Step 4: Seek Medical Attention
If you had non-urgent injuries and haven’t done this yet, seek medical attention now. This is essential as many crash-related injuries don’t become apparent right away. Examples include concussions, internal bleeding, whiplash, spinal injuries and psychological trauma. One of the reasons for this is because of the adrenaline that often occurs in the immediate aftermath of a crash. It can mask these types of injuries for hours or even days.
Regardless, ensure that all accident-related injuries are fully documented as even ones that are diagnosed as minor could develop into something significant.
You should also get these medical records going soon after your hit-and-run incident so that you have that early paper trail for your car wreck lawyer and others to utilize. Additionally, if you instead wait to get medical treatment, insurance companies may attempt to say that you weren’t actually injured in connection with that crash.
Step 5: Notify Your Insurance Company
Notify your insurance company as soon as possible. This is an especially important step as failing to do this may result in it having the legal right to refuse to issue any payments to you.
However, ensure that you only discuss the facts of the situation with your insurance company. These types of details include the date, time and location of the accident as well as the essential detail that the other driver fled the scene. Do not communicate anything that’s related to opinions, such as speculating about fault related to you or others or discussing the severity or lack thereof of your injuries. And absolutely do not accept any settlement offers at this time.
Also note adjuster names, claim numbers and other details from this and all future conversations that you may have with your insurance company.
Understanding UM/UIM Coverage in Texas
In Texas, everyone’s required to be offered UM/UIM coverage and can only opt out of it in written form. So, if you’re unsure if you have this, you likely do.
This is important as UM (uninsured motorist) coverage is directly related to circumstances in which hit-and-run drivers are never identified. That’s because they’re legally treated as uninsured motorists, same as if you’d gotten into an accident and the at-fault driver was identified but was uninsured.
The only way that UIM (underinsured motorist) coverage would be applied to this situation is if the hit-and-run driver’s later identified and found to both be at-fault and underinsured for your damages.
Common Insurance Challenges
There are a few insurance challenges with hit-and-run cases that can make things more difficult.
One is that if you’re making a claim under your own insurance company’s UM policy to recover damages, it’ll likely look to issue the lowest payout possible and engage in numerous disputes and delays while doing so. However, remember that a car crash attorney can handle these negotiations for you.
Also, your UM policy limits may not be enough to cover your injuries and damages.
However, one of the most significant insurance challenges can be proving a hit-and-run when there’s no “hit.” An example of this is an at-fault driver nearly hitting you and forcing you to swerve and crash before the other driver drove off. Generally, you need at least one witness or video footage to avoid a denied claim in these circumstances.
In any case, even if there was physical contact with the car before it was driven away, you and your car crash attorney bear the burden of proof.
What If the Hit-and-Run Accident Driver’s Never Found?
If the hit-and-run driver’s never identified and found, essentially your only option is using your UM (uninsured motorist) coverage to receive damages as a result of that unknown person then being legally defined as an uninsured motorist. That’s because, at that point, you have no other insurance company to go after and no known driver to sue.
Those who didn’t turn down UM coverage will be covered for at least $30,000 per injured person, $60,000 per accident if multiple people were hurt and $25,000 for property damage.
However, you might be able to also receive some money from collision coverage, personal injury protection (PIP) or personal health insurance.
Common Mistakes to Avoid After a Hit-and-Run Car Accident
There are a few mistakes that you should be especially careful to avoid.
Don’t leave the scene of the crash without reporting the accident. At a minimum, call the police department’s non-emergency number and ensure that a police report’s filed within 24 hours.
Also get medical care in a timely manner to both ensure that your short- and long-term health is looked after and for legal reasons as delaying treatment makes it easier for an insurance company to make a convincing argument that those injuries weren’t related to the accident.
Additionally, avoid giving recorded statements to any insurance companies without first seeking the advice of a car crash lawyer.
You should also postpone the accepting of any early insurance settlements until you’ve spoken with that hit-and-run car accident lawyer.
How a Texas Personal Injury Attorney Can Help With A Hit-And-Run Car Accident
A hit-and-run car accident attorney can help you receive a fair settlement in a number of ways.
They’ll thoroughly investigate the accident and complement your own evidence gathering with theirs. As that’s being done, the car accident attorney will communicate with insurance companies on your behalf, ensuring that you’re being dealt with fairly and that your rights are being protected.
Also, one of the most important obligations that any car accident lawyer has is ensuring that all legal deadlines and requirements are being met.
Why Choose Haney Paschal & Romoser
Attorneys at Haney Paschal & Romoser have years of experience handling Texas hit-and-run accident cases and understand the nuances of working with insurance companies related to them. Our attorneys are also committed to protecting accident victims’ rights as they work towards fair settlements for them.
We provide personalized legal guidance during this stressful time, allowing you to focus on getting healthy and taking care of any property damage that may have occurred as a result of this hit-and-run crash.
Call Haney Paschal & Romoser
If you find yourself the victim of a hit-and-run accident, look after your own health and that of others on the scene, contact the police, tell your insurance company fact-based information about what happened and record via videos, photos and notes the crash site and your recollections.
Also seek a car crash attorney, particularly before you make any recorded statements with your insurance company or consider any offers that it has made to you.
Seek a consultation with Haney Paschal & Romoser today in order to understand how we can help and what your legal options are for receiving funds to take care of your injuries and property damage.