This blog was posted by Shaw-Cowart Personal Injury Attorneys in Austin, representing clients for car accident injuries, truck / 18-wheeler accidents, motorcycle accident injuries, work-related accidents, wrongful death claims and much more in Austin and the surrounding areas
Hit and Run Accidents and Uninsured Motorist Claims
Hit and run accidents leave victims injured and confused about how to pursue compensation when the at-fault driver flees. Texas sees thousands of hit-and-run accidents every year, with drivers fleeing the scene for various reasons ranging from lack of insurance to outstanding warrants to impairment. Hit-and-run accidents pose unique challenges because the responsible party may never be identified. Understanding your options after a hit-and-run accident helps you recover compensation even when the other driver disappears.
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Hit and run accidents occur when drivers cause collisions and leave without providing the required information or rendering assistance. Texas law requires drivers involved in accidents to stop, exchange information, and help injured persons. Fleeing the scene constitutes a crime with penalties that increase based on injury severity. Despite these laws, hit-and-run accidents happen frequently because drivers hope to avoid consequences.
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According to the National Highway Traffic Safety Administration, hit-and-run accidents have increased significantly in recent years. Nearly 20% of pedestrian deaths involve hit-and-run drivers. Hit and run accidents leave victims facing medical bills, lost wages, and vehicle damage without an obvious source of compensation.
Steps to Take After a Hit and Run Accident
Taking immediate action after a hit-and-run accident improves the chances of identifying the fleeing driver and strengthens insurance claims. Several steps help protect your interests.
Gather whatever information you can about the fleeing vehicle. Note the make, model, color, and any portion of the license plate you observed. The direction of travel helps police search for the vehicle. Any distinguishing features like damage, bumper stickers, or modifications aid identification.
Look for witnesses who may have seen more than you did. Other drivers, pedestrians, and nearby business employees may have observed the vehicle or captured information on dashcams. Get contact information from anyone who witnessed the accident.
Call the police immediately and file a report. Law enforcement investigation may locate the fleeing driver through license plate databases, surveillance video, and witness interviews. A police report also documents the accident for insurance purposes.
Check for surveillance cameras in the area. Nearby businesses, traffic cameras, and residential security systems may have captured the accident or the fleeing vehicle. Request that police obtain this footage before it gets overwritten.
Seek medical attention even if injuries seem minor. Some injuries do not produce immediate symptoms. Medical documentation connects your injuries to the accident and supports your claim.
Contact your insurance company promptly. Texas policies typically require timely notice of claims. Report the hit and run and inquire about coverage options.
Uninsured Motorist Coverage for Hit and Run Accidents
Uninsured motorist coverage provides the primary source of compensation when hit-and-run drivers cannot be identified. This coverage on your own policy pays for injuries and damages caused by uninsured drivers.
Texas law requires insurance companies to offer uninsured motorist coverage, though drivers can decline it in writing. If you carry UM coverage, it applies when an unidentified driver causes your accident. The coverage limits you selected determine maximum recovery.
Uninsured motorist bodily injury coverage pays for medical expenses, lost wages, pain and suffering, and other injury-related damages. This coverage treats your claim as if you were pursuing the at-fault driver directly.
Uninsured motorist property damage coverage pays for vehicle repairs or replacement. Some policies include property damage coverage, while others do not. Check your policy declarations page for coverage details.
Filing a UM claim after a hit and run requires proving that an unidentified vehicle caused your accident. Police reports, witness statements, and physical evidence establish that another vehicle was involved. Your insurance company may investigate before paying claims.
When the Hit and Run Driver Gets Identified
Police sometimes locate hit-and-run drivers through investigation. When this happens, additional compensation options become available.
Claims against the identified driver’s insurance provide primary compensation if the driver carried liability coverage. You can pursue the at-fault driver’s policy for damages up to their coverage limits.
Underinsured motorist coverage applies when the identified driver has insufficient insurance to cover your damages. Your UIM coverage pays the difference between the at-fault driver’s limits and your damages up to your own policy limits.
Direct claims against the driver personally may be necessary when insurance does not cover full damages. Hit-and-run drivers who flee often lack insurance or assets, but some have resources to pursue.
Criminal restitution ordered as part of the driver’s sentence may provide some compensation. However, restitution typically covers only out-of-pocket expenses and does not include pain and suffering.
Why Drivers Flee Accident Scenes
Understanding why drivers flee helps explain why so many hit-and-run accidents occur and why drivers often lack insurance.
No insurance motivates many drivers to flee. Uninsured drivers know they face personal liability and potential criminal charges. They flee, hoping to avoid consequences altogether.
Impairment from alcohol or drugs causes drivers to fle,e hoping to avoid DWI charges. By the time police locate them, evidence of impairment may have dissipated.
Outstanding warrants for other offenses make some drivers fear any police contact. They flee the accident to avoid arrest on unrelated charges.
Immigration concerns cause some drivers to flee regardless of fault or insurance status. Fear of deportation outweighs concerns about hit-and-run charges.
Panic reactions cause some drivers to flee without rational thought. These drivers may turn themselves in later when they calm down.
Get Help After a Hit and Run Accident
The car accident attorneys at Shaw Cowart help hit-and-run victims navigate complex insurance claims and pursue all available compensation. We investigate to identify fleeing drivers, maximize uninsured motorist recovery, and fight for fair treatment from insurance companies.
If you were injured in a hit-and-run accident, contact Shaw Cowart today for a free consultation.
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