Texas Transportation Code section 550.021 requires a driver in a crash that injures or is likely to injure someone to stop, return if needed, check on the people involved, and remain until complying with section 550.023, which requires sharing information and giving reasonable help. When a driver flees, your own insurance may become the main path to recovery. Owsley Law Firm handles hit-and-run claims and charges no fee unless we win.
A driver who leaves the scene of an injury crash breaks one of the most basic rules of the road. For the injured person, the immediate problem is practical: who pays? Texas law requires drivers to stop and help, and when they do not, the claim often shifts to the injured person’s own policy.
This page covers the civil side only: what the statutes require of drivers, how a hit-and-run affects an injury claim, and how uninsured motorist coverage works when the driver is never found.
What must a driver do after a crash with injuries in Texas?
Stop at or near the scene, return if they did not stop, determine whether anyone needs aid, and remain until they have shared information and given reasonable help.
Section 550.023 lists the information: the driver’s name and address, the vehicle registration number, and the name of the driver’s liability insurer. On request, the driver must show their license. The driver must also provide reasonable assistance, including arranging transport for medical treatment when it is clearly needed or requested.
- Stop at or as close to the scene as possible
- Return if the vehicle did not stop
- Check whether anyone is hurt and needs help
- Give name, address, registration, and insurer
- Show a driver’s license if asked
- Arrange medical transport when needed
What if the other driver leaves the scene?
Call 911, note any plate, vehicle, or direction details, photograph the scene, and find witnesses and cameras quickly.
Police may locate the driver through plate readers, witnesses, or video. If the driver is found and insured, the claim proceeds against that driver’s liability coverage. If not, your own coverage becomes central.
Who pays if a hit-and-run driver is never found?
Your uninsured motorist coverage, if you did not reject it in writing, along with personal injury protection.
Texas insurers must offer uninsured and underinsured motorist coverage and personal injury protection with auto policies, and they apply unless the named insured rejected them in writing. PIP pays medical and income losses without regard to fault, up to the policy limit.
For an unknown driver, Insurance Code section 1952.104 requires actual physical contact between the unknown vehicle and the insured person or property. A crash caused by a driver who ran you off the road without touching your vehicle may not qualify, so details of contact matter.
Does fleeing the scene affect fault in the civil case?
Fleeing does not change how the crash happened, but it can support the injured person’s account and may matter to exemplary damages in serious cases.
Fault for the crash itself is decided under Chapter 33. A driver’s flight can be strong evidence on credibility. Exemplary damages require clear and convincing proof of malice, fraud, or gross negligence under Chapter 41.
What deadlines apply to a hit-and-run claim?
Notify your own insurer promptly as your policy requires, and file any lawsuit within two years under section 16.003.
Uninsured motorist claims are governed by your policy terms, which usually require prompt notice and a police report. Report the crash to police as soon as possible.
How it is proven after a crash
- Partial plate, make, model, and color
- Witness names and statements
- Business and traffic camera video
- Paint transfer and debris from the fleeing vehicle
- The police report
Mistakes that cost people money
- Not calling police right away
- Waiting to notify your own insurer
- Assuming no recovery is possible without the driver
- Leaving before photographing debris and damage
Frequently asked questions
Can I make an uninsured motorist claim for a hit-and-run?
Yes, if you have UM coverage and there was actual physical contact with the unknown vehicle, as Insurance Code section 1952.104 requires.
What if a driver ran me off the road but never hit me?
A no-contact crash with an unknown driver may not qualify under section 1952.104. If the driver is identified, a liability claim against that driver is still possible.
Will PIP pay after a hit-and-run?
PIP pays without regard to fault, up to your policy limit, if you did not reject it in writing.
Does it matter if the driver is later found?
Yes. If found and insured, the claim can proceed against their liability coverage first.
How long do I have to file a lawsuit?
Generally two years from the crash under section 16.003.
This page is general information about Texas law and is not legal or medical advice. Every case depends on its own facts. Contact the firm for a free review of yours.
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