When the other driver leaves, there is no one to exchange insurance with. A hit and run claim in Texas usually runs through your own policy instead, and the steps you take in the first day can affect whether that coverage pays. This checklist walks through the report, the claim, and a state fund that is easy to miss.
What the other driver was required to do
Texas law requires a driver in a crash to stop, give their name, address, vehicle registration number, and insurer, and help anyone who is hurt (Texas Transportation Code 550.021 and 550.023).
Leaving is a crime, and the grade depends on the harm:
- If someone dies, it is a second-degree felony. If someone suffers serious bodily injury, it is a third-degree felony (550.021(c)(1)).
- Other injury cases carry up to 5 years in state prison or up to 1 year in county jail, a fine of up to $5,000, or both (550.021(c)(2)).
- If only vehicles were damaged, it is a Class C misdemeanor under $200 of damage and a Class B misdemeanor at $200 or more (550.022(c)).
- Hitting a parked car requires the driver to find the owner or leave a note with their name and address (550.024).
This matters for your claim because a police report showing the other driver left is often the key document.
Checklist: the first hour
- Get safe and get help. Call 911 if anyone is hurt. Do not chase the other car.
- Report the crash. If anyone is injured or a car cannot be driven normally, Texas law requires the drivers involved to notify police immediately. In a city, that means the local police department (550.026(a)).
- Write down the car while you remember it. Make, model, color, any part of the plate, damage to the car, and which way it went.
- Note the exact place. On a Dallas freeway, write the direction of travel and the nearest exit or cross street, such as I-635 eastbound near the Coit Road exit.
- Find witnesses. Get names and phone numbers. Other drivers who stopped may have dash camera video.
- Look for cameras. Note businesses, gas stations, and homes with cameras facing the road. Ask for footage soon, before it is recorded over.
- Photograph everything. Your car, paint transfer, debris, skid marks, and your injuries.
- Get the report number. Ask the officer for it before you leave.
If no officer comes, the Dallas Police Department runs an online reporting system for some incident types. Its page says incidents with a known suspect should be called in instead, and emergencies go to 911.
How to file a hit and run claim in Texas
Most of the money in a hit-and-run comes from coverages on your own policy. Here is how each one fits.
Uninsured motorist coverage
Uninsured and underinsured motorist (UM/UIM) coverage is part of every Texas auto liability policy unless a named insured rejected it in writing (Texas Insurance Code 1952.101). The Texas Department of Insurance says this coverage also pays for hit-and-run accidents (TDI auto insurance guide).
Two conditions matter most:
- Physical contact. When the at-fault driver is unknown, Texas law requires actual physical contact between their vehicle and you or your property (1952.104(3)). If a car ran you off the road without touching you, UM coverage may not apply. Look for paint transfer or debris that shows contact.
- A police report. TDI’s guide says UM coverage will not pay for a hit-and-run you did not report to police.
UM property damage claims carry a deductible. The statute sets it at $250 (1952.105(b)), and TDI’s guide notes you pay a deductible on UM claims.
Collision coverage
If you have both collision and UM property damage coverage, you choose which one to use (1952.107(a)). If neither is enough alone, you can use both, naming one as primary (1952.107(b)). Compare the two deductibles before you pick.
PIP and medical payments
Personal injury protection pays medical bills and lost income regardless of fault. Our earlier post explains what Texas PIP insurance pays for and its 30-day payment rule.
Step-by-step claim checklist
- Call your insurer and say clearly that this was a hit-and-run.
- Give the police report number. Our guide to getting your Dallas crash report covers how to get a copy.
- Ask the adjuster which coverages apply: UM bodily injury, UM property damage, collision, PIP, and medical payments.
- Send photos that show contact between the vehicles.
- Send witness names and any video.
- Keep every medical bill and record of missed work.
- Keep a log of each call: the date, the name, and what was said.
If the driver is found later
If police identify the driver, you may have a claim against that driver and their insurer too. An insurer that paid you under UM coverage is entitled to be repaid from any later settlement or judgment, up to what it paid (1952.108(a)). Tell your insurer if a driver is identified.
Texas crime victims’ compensation
Leaving the scene of an injury crash in violation of section 550.021 counts as “criminally injurious conduct” under the Texas Crime Victims’ Compensation law (Code of Criminal Procedure article 56B.003). That means an injured victim may apply to the Texas Attorney General’s program for help with costs such as medical bills and lost wages.
What the statute requires:
- Report to police. You must report the crime within a reasonable time (article 56B.053).
- Apply within 3 years of the crash, with some extensions (article 56B.052).
- Limits. Awards are generally capped at $50,000 in total (article 56B.106(a)). An emergency award of up to $1,500 is possible in cases of undue hardship (article 56B.102).
- Other payments count. The award can be reduced to the extent insurance or another “collateral source” already paid your loss (article 56B.107(a)(3)).
When to talk to a lawyer
A lawyer can help when the insurer disputes physical contact, the injuries are serious, or the driver is identified and you now have more than one claim. You can read about how our car accident practice handles claims, including uninsured motorist claims.
This article is general information, not legal advice. Laws change and every case is different. Reading it does not create an attorney-client relationship. For advice on your situation, book a case review.