What to Do After a Hit-and-Run in Texas

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In Texas, a hit-and-run is a serious offense. Leaving the scene of an accident without properly identifying yourself to anyone else involved or to the police is a felony if anyone is injured or killed. So is failing to stop and provide aid to someone.

If you are the victim of a hit-and-run in Texas, carefully note everything that happened to up your chances of finding the driver. This will also make the insurance claim process easier.

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What to do after a hit-and-run in Texas

If you're the victim of a hit-and-run, you should first make sure everyone involved is safe. If your car is hit while you're inside it, try to get to a safe place. That might mean moving your car off the road or getting out of the vehicle. Then, call Texas police immediately to let them know what happened and if anyone is injured.

Next, try to gather all the information you can about the vehicle and the driver who hit you. The more information the police have, the more likely they can track down the driver. If you're able, write down as many details as you can while it's still fresh in your mind.

Information to record after a hit-and-run

  • Physical description, including the make and model of the car
  • Identifying details and marks on the driver's car
  • Marks on your car — both preexisting and from the crash
  • Physical description of the driver
  • License plate number
  • Exact location and circumstances of the crash

Once the police arrive, they'll collect evidence. They will ask anyone nearby if they witnessed the crash and get their contact information. If there are businesses or homes nearby, the police might also ask if they have a security camera that captured the crash. This can be used as evidence or to help identify the other driver.

After the police have left, contact your insurance provider to open a claim.

If someone hits your car while parked, you should take the same steps, even if you were not inside the car when it was hit.

Take careful notes, see if anyone nearby witnessed it, and then call the police to make a report. Make sure you do a very thorough inspection before driving it. You didn't see the accident or how severe it was, so it may not be obvious if your car is still safe to drive.

What kinds of insurance in Texas cover hit-and-runs?

Of course, the ideal outcome would be finding the driver, so you can make a claim against their liability insurance. But if you're unable to identify the driver, there are several types of coverage that can help you get some money back.

First, you should know that Texas auto insurance coverage is notrequired by law to cover victims of a hit-and-run. The only way you're covered is if you added certain optional coverages to your insurance policy.

Kind of coverage
Does it apply to hit-and-runs?
Other driver's liability coverageYes, if you are able to identify the other driver
Collision coverageYes
Comprehensive coverageNo
Personal injury protection or medical paymentsYes, if anyone is injured
Uninsured or underinsured motorist bodily injuryYes, if anyone is injured and you are not able to identify the other driver or they do not have insurance
Uninsured motorist property damageYes, if you are not able to identify the other driver or they do not have insurance
Your own liability coverageNo
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The consequences of committing a hit-and-run

According to Texas state law, the consequences of committing a hit-and-run range from relatively small to severe. Extreme consequences are most likely when someone was injured or killed in the hit-and-run.

In 2013, Texas increased the penalty for a hit-and-run to the same as a DUI, to discourage drivers from fleeing the scene to avoid a DUI. Drivers may also receive points on their license or lose driving privileges for committing a hit-and-run.
Circumstances of crash
Severity
Punishment
If someone was injuredFelonyUp to five years in jail and $5,000
If someone was severely injured or killedFelonyUp to 20 years in jail and $5,000
If there were no injuries but more than $200 in damage to a car or other propertyClass B misdemeanorUp to $2,000 and six months in jail
If there were no injuries and less than $200 in damage to a car or other propertyClass C misdemeanorUp to $500

Source: Texas Transportation Code Sections 550.021-025

If no one was injured in the hit-and-run, the penalties are the same for a driver who hits a car on the road, a car that's parked and empty, or any other stationary object, such as a fence or sign. The only thing factored in is the cost of the damage.

If you have committed a hit-and-run, you should speak to a lawyer licensed by the State Bar of Texas and weigh your legal options. Hit-and-runs are strongly pursued in the Texas legal system, especially if they cause injury or death. So it's a bad idea to simply hope you won't get caught.

What is a hit-and-run in Texas?

In Texas, the official legal name of a hit-and-run is "failure to give information and render aid." After a car crash, you're generally required to stop your car and provide your identification to anyone else involved in the crash and the police.

Failing to do any of these is a hit-and-run.

Remember, you are required to stay whether you were responsible for the crash or not. In fact, leaving the scene without exchanging information can suggest that you were at fault for the accident.

Information you're required to provide after an accident in Texas

  • Driver's name and address
  • Vehicle registration number
  • Driver's insurance information
  • Driver's license, if requested

If you hit an unoccupied car or property, such as a mailbox or fence, you're required to "take reasonable steps" to notify the owner. For example, you could leave a note with a description of what happened and your contact information. You're also required to notify Texas police of the crash within seven days if you think the damages exceed $1,000.

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