CAN YOU SUE AFTER A HIT-AND-RUN IF POLICE NEVER FIND THE DRIVER?
CAN YOU SUE AFTER A HIT-AND-RUN IF POLICE NEVER FIND THE DRIVER?
A hit-and-run accident can leave an injured driver in a frustrating position. You may know another driver caused the crash, but they disappeared before you could get their name, insurance information, or license plate number.
If police never identify the driver, does that mean you are left paying for your injuries and vehicle damage yourself?
Not necessarily. In Texas, there may still be insurance coverage available even when the at-fault driver is never found.
Uninsured Motorist Coverage May Apply
One of the first places to look after an unidentified hit-and-run is your own automobile insurance policy.
Texas generally requires insurers to offer uninsured/underinsured motorist coverage, commonly called UM/UIM coverage, unless the named insured rejects it in writing. This coverage is designed to protect insured drivers who are legally entitled to recover damages from an uninsured or underinsured motorist.
Depending on the policy and circumstances, a hit-and-run driver may be treated as an uninsured motorist.
That means a claim may potentially be made through your own insurance company even though you were not responsible for causing the accident.
Texas Has an Important Physical-Contact Requirement
Hit-and-run cases involving an unidentified driver have an important Texas-specific limitation.
Under Texas Insurance Code §1952.104, when the owner or operator of the vehicle that caused the injuries or property damage is unknown, uninsured motorist coverage must require actual physical contact between the unidentified vehicle and the insured person or property.
For example, suppose a vehicle runs a red light and strikes your car before speeding away. That physical collision may satisfy the requirement.
The situation can be different if a reckless driver cuts you off, causing you to swerve into a guardrail, but the other vehicle never actually touches yours. The absence of physical contact can create a significant UM coverage problem under Texas law.
This is one reason the precise facts of a hit-and-run accident matter.
Evidence Still Matters When the Driver Disappears
The fact that police cannot locate the other driver does not eliminate the need to establish what happened.
Evidence may include:
Police reports
Witness statements
Dashcam footage
Surveillance footage from nearby businesses or homes
Photographs of the accident scene
Vehicle damage
Medical records
911 records
Photos or partial descriptions of the fleeing vehicle
Acting quickly can be particularly important with video evidence. Businesses and residential security systems may overwrite footage after a relatively short period.
Texas law also requires drivers involved in collisions involving injury, death, or damage to an attended vehicle to provide identifying and insurance information and, when necessary, render reasonable assistance to injured people.
What Damages Could Be Covered?
When applicable, uninsured motorist coverage may provide compensation for damages you would otherwise have sought from the at-fault driver, subject to the policy terms and coverage limits.
Depending on the circumstances, damages associated with a serious accident can include medical expenses, lost income, pain and suffering, and property damage.
Texas law also addresses the interaction between collision coverage and uninsured/underinsured property-damage coverage. In some circumstances, an insured with both types of coverage may recover under one or potentially both, subject to the applicable limits and deductibles.
Your Own Insurance Company Can Still Dispute the Claim
Making a claim against your own UM coverage does not automatically mean the insurance company will pay everything requested.
The insurer may dispute issues such as how the accident happened, whether the unidentified vehicle actually made contact, whether the other driver was legally responsible, the extent of the injuries, or the value of the claimed damages.
For someone dealing with serious injuries, that can turn an already difficult hit-and-run accident into a complicated insurance dispute.
Injured in a Hit-and-Run in Northwest Houston?
If you were injured in a hit-and-run accident in Cypress, Tomball, Northwest Houston, or the surrounding area, the fact that police have not identified the other driver does not necessarily mean you are out of options.
Reviewing the accident evidence and your insurance policy can help determine whether uninsured motorist or other available coverage may apply.
The Law Office of Shaw Clifford can evaluate the circumstances of the crash, available insurance coverage, and potential avenues for recovering compensation.
Contact Shaw Clifford to discuss your Texas hit-and-run accident and the options that may be available to you.
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