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Sub-practice · Car Accident

Hit and run crash.

Hit-and-run drivers leave two things behind — physical damage and a paper-trail puzzle. You still have a claim, even if the driver is never identified. The question is which pieces of your own insurance coverage pay, and in what order.

Quick answer: If you're the victim of a Houston hit-and-run, your own uninsured motorist (UM) coverage is usually the primary source of recovery. You do not have to identify the other driver to make a UM claim, but you do have to report the crash promptly and cooperate with the investigation. The insurance company will try to minimize the claim just as if you had a known at-fault driver — don't sign anything or give a recorded statement without talking to a lawyer.

Why you still have a claim after a hit-and-run

Texas doesn't require uninsured motorist (UM) or underinsured motorist (UIM) coverage, but insurers are required to offer it — and most drivers carry at least some UM/UIM. If the at-fault driver fled and can't be identified, your UM policy steps into the shoes of the missing driver's insurance. It covers:

  • Medical bills — current and future
  • Lost wages and earning capacity
  • Pain and suffering
  • Property damage — though this may come from collision coverage instead, depending on your policy
  • Wrongful death damages in fatal cases

Finding the driver — it's not hopeless

Hit-and-run drivers are identified more often than people assume. Tools we use include:

  • Traffic cameras and private surveillance — gas stations, storefronts, apartment gates, Ring cameras, and toll-road cameras often capture the fleeing vehicle.
  • Debris at the scene — a broken headlight, mirror, or bumper piece can identify the make, model, and year of the fleeing vehicle. Paint transfers can narrow it further.
  • Witness recall — partial license plates, vehicle descriptions, and direction of travel are all useful.
  • HPD and DPS hit-and-run investigators — we coordinate with law enforcement and often provide them with evidence they haven't seen.
  • Body shop networks — fleeing drivers frequently take damaged vehicles to body shops within days; investigators sometimes find the vehicle that way.

What to do in the minutes after a hit-and-run

  1. Call 911 first — for medical care and to create a police report. A police report is required for a UM claim.
  2. Write down everything you can remember about the fleeing vehicle: color, make, partial plate, direction of travel, time, location.
  3. Photograph the scene, your vehicle, and any debris left by the fleeing vehicle.
  4. Ask nearby businesses about surveillance cameras — video is overwritten quickly, often within 72 hours.
  5. Report the crash to your own insurance promptly — but do not agree to a recorded statement or sign a medical authorization until you've talked to a lawyer.

UM claims are adversarial — even against your own insurer

It surprises clients, but the hardest hit-and-run cases are often fought against your own insurance company. Once you file a UM claim, your insurer's interests are adverse to yours. They will try to minimize the medical bills, dispute the diagnosis, and offer far less than the claim is worth. Texas law gives you the right to sue your own UM insurer for underpayment, and we do so routinely.

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