What to Do If You’re Hurt in a Hit-and-Run Accident
No one wants to think about what would happen if they were in a car accident. While some accidents are relatively minor, others cause major injuries, leaving you to pay medical bills and take time off from work. Knowing the right steps to take after a hit-and-run accident in Texas can mean the difference between a successful claim and financial strain. Here’s what to do after a hit-and-run and how a layer can help.
What Is a Hit-and-Run Accident Under Texas Law?
Most people know the basics of a hit-and-run, but it’s helpful to know the legal definition if you’re hoping to build a case. In Texas, a hit-and-run occurs when a driver is involved in a traffic collision and leaves the scene without stopping to provide contact information or provide aid. Under state law, any driver involved in a crash resulting in injury must immediately stop their vehicle at the scene or return to it immediately. Failing to do so can result in a third-degree felony.
What Should I Do Immediately After a Crash?
Before you start thinking about hit-and-run compensation, your well-being should be your top priority. If you’ve been hit, slowly move your vehicle to the side of the road (if it’s safe to do so). Once you’re in a safe location, call emergency services, even if you believe your injuries are minor. If possible, take photos of the scene, as these can be used as important evidence in a hit-and-run case. Whatever you do, never apologize or imply you were at fault for the incident.
Do I Need to File a Police Report?
Yes. A formal police report serves as an essential piece of evidence as you build your case for compensation. Law enforcement officers can document the scene, take down your statement, and start looking for the driver who left the scene. When you speak with an officer, provide every detail you can remember, including descriptions of the vehicle’s appearance.
Call 911 immediately after securing your safety. A formal police report is an essential piece of evidence when dealing with a hit-and-run collision. Law enforcement officers will document the scene, record your statement, and initiate a search for the fleeing driver. Even if making a report doesn’t seem like a big deal in the moment, an official record shows the other motorist’s insurance company that a legitimate crime occurred under Texas hit-and-run laws.
Gathering Evidence After a Hit-and-Run
In the seconds after a crash, you probably aren’t thinking about all the evidence that could be lost if you don’t act quickly. If you feel safe to do so, start collecting crucial evidence at the scene. In addition to taking photos of the scene, make sure to get images of the damage to your vehicle, skid marks, shattered glass, and traffic signs. Beyond that, look around for potential witnesses. If someone saw what happened, ask for their name and contact details. If you notice any traffic cameras in the area that might have recorded the collision, make note of their locations.
Notifying Your Insurance Company
Dealing with insurance is rarely enjoyable, but you will need to notify your provider about the crash as soon as possible. Most insurance policies require policyholders to report accidents within a specific timeframe, often within 24 to 48 hours. When speaking with your insurance adjuster, stick to the facts of the crash. Provide the police report number and any evidence you collected at the scene. As you explain the details of the incident, avoid speculating about its cause or the extent of your injuries. For the best outcome, it’s a good idea to get in touch with a hit-and-run injury attorney before speaking with an insurance representative.
What’s the Statute of Limitations in Texas?
Texas law puts a limit on the amount of time you have to take legal action after an accident. You’ll only have two years to initiate your claim and complete the hit-and-run settlement process. After those two years are up, you’ll no longer be able to seek compensation through the court system. This deadline is another reason why seeking legal representation early on is so important.
Here to Help Texas Hit-and-Run Victims
Don’t wait to seek help if you’ve been hurt in a hit-and-run. The personal injury lawyers at Nava Law Group, P.C. have years of experience with car crashes, including those in which one driver flees the scene. Our team can help you navigate calls with insurance companies, gather evidence, and streamline the hit-and-run settlement process. Contact us today to schedule a no-obligation consultation with a seasoned attorney.
FAQs About Hit-and-Run Accidents
Your auto insurance should cover a hit-and-run accident if you carry Uninsured Motorist (UM) coverage or Collision coverage. It’s a good idea to review your policy so you know exactly what can be paid for.
Yes, you typically must pay a deductible when filing a hit-and-run claim. In Texas, the standard deductible for Uninsured Motorist Property Damage (UMPD) is $250. If you use your Collision coverage instead, you’ll pay the specific deductible amount chosen when you purchased your policy.
If law enforcement locates the hit-and-run driver, you can pursue a liability claim directly against that driver’s auto insurance policy. You also have the legal right to file a personal injury lawsuit against the driver to recover costs for medical bills, lost wages, and pain and suffering.
You can’t file a lawsuit against someone if their identity is unknown. Until the police locate the fleeing driver, you’ll need to file a claim through your own auto insurance policy.
