Dallas car wrecks

Hit and Run in Dallas: What to Do Next, and Who Pays When the Driver Leaves

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Few things feel worse after a wreck than watching the other car drive away. You are hurt or shaken, your car is damaged, and the person responsible is gone. A hit and run does not leave you without options, though. Texas law treats leaving the scene seriously, the driver can sometimes be found, and your own insurance may step in when the driver cannot be. This article walks through what to do after a hit and run in Dallas.

What the law requires of the driver who left

Under Transportation Code 550.021, a driver involved in a crash that injures or kills someone must stop, return to the scene if needed, determine whether anyone needs aid, and remain to give information. Leaving is a felony when someone is killed or seriously hurt. Drivers must also exchange their name, address, vehicle registration number and liability insurer, and give reasonable help to anyone hurt (550.023).

That matters to you in two ways. It means the police will treat the case as a crime, which can help find the driver. And when the driver is found, leaving the scene is itself evidence a jury can weigh.

What to do right away

  1. Get safe and call 911. A crash with injury must be reported to the police at once (Transportation Code 550.026).
  2. Write down or record everything you remember about the other car: color, make, body style, any part of the plate, damage, the direction it went.
  3. Look for witnesses and ask for their names and numbers. Someone may have seen the plate.
  4. Photograph your car, the road, debris and your injuries. Broken pieces of the other car can identify it.
  5. Note nearby businesses, homes and buses that may have cameras. Video may not be kept for long.
  6. Get medical care, even if you feel all right, and keep every record.
An orange traffic cone on a parking lot beside painted No Parking lettering
Photograph the scene and report a hit and run right away.

When the driver is found

If the police or the evidence identify the driver, the claim usually proceeds like any other car wreck claim: against the driver’s liability insurance, which Texas requires to be at least $30,000 for one person’s injuries, $60,000 for two or more and $25,000 for property damage per crash (Transportation Code 601.072). Fault is divided under the 51 percent bar in Civil Practice and Remedies Code 33.001. A driver who fled may also have been driving without insurance, which brings your own coverage into play.

When the driver is never found

Your own policy is often the way forward. Uninsured motorist coverage must be included in every Texas auto policy unless a named insured rejected it in writing (Insurance Code 1952.101). Whether and how it applies to an unidentified driver depends on your policy’s terms, and policies often require prompt notice and a police report. That is one reason to report the crash and call us quickly.

Personal injury protection, also part of Texas policies unless rejected in writing, is paid without regard to fault and must be paid within 30 days of satisfactory proof (Insurance Code 1952.155, 1952.156). It can help with early medical bills while the rest is sorted out.

Your own insurer is still an insurer

A claim on your own UM coverage is a claim against your own insurance company, and it will look at the facts and your injuries carefully. Several of our attorneys handled claims from the insurance side before they practiced law, and we prepare a UM claim as carefully as any other.

Close-up of a car seat belt buckle with its red release button
Your own policy may cover a driver who cannot be found.

Deadlines after a hit and run

The two-year limit to file a personal injury suit still applies (Civil Practice and Remedies Code 16.003), and your policy will have its own notice requirements, which are often much shorter. If the car that hit you turns out to be a city or county vehicle, written notice is usually due within six months (CPRC 101.101).

How we help

We work with the police report and the evidence, look for video and witnesses, read every policy in your household, and open the right claims in the right order. No Fees or Costs Unless We Win: the firm advances case costs, and you owe no attorney’s fee and no case costs unless money is recovered for you. Our page on Dallas auto accident insurance explains the coverages in more detail.

The sooner you call, the more evidence there is to find.

Hit by a driver who drove away? Call our Dallas office, any hour.

Our Dallas office

5001 Spring Valley Rd Ste 240W, Dallas, TX 75244

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