What to Do After a Hit-and-Run in Texas

Whether you hit someone’s car or someone hits your car and flees, making you a victim of a hit-and-run car accident, here’s what to do after a hit-and-run in Texas:

1. Check for injuries and render aid. You have a legal duty to provide “reasonable assistance” to any injured parties, meaning you have to transport them to a doctor or a hospital, or help them get there in another way. This duty occurs whether you think the treatment seems necessary or if the injured party requests it.
2. Move your car. Move your car to a safe place where it won’t affect traffic.
3. Remain at the scene of the accident. You must remain at the scene until you’ve exchanged information and rendered aid.
4. Exchange information. Exchange the following contact and auto insurance information with the other driver:
   • Name
   • Address
   • Phone number
   • Vehicle identification numbers (VIN)
   • License plate number
   • Insurance information
   • Driver’s license information
5. Collect evidence. Note the location of the crash, as well as the names, addresses, and phone numbers of witnesses. Also, photograph the damage so you can use the photos as evidence in your claim.
6. Call law enforcement. You’re legally required to contact the police if the crash involved injury, death, or damage to a vehicle so it can’t be driven normally and safely. Plus, you can use the police report in your claim. For accidents that occur in or within 100 feet of the limits of municipalities, call the local police. Otherwise, call the sheriff’s office or the nearest office of the Department of Transportation. We also recommend calling the police if a driver is intoxicated or is driving without the minimum coverage that Texas requires.
7. Leave a note. If you hit an unattended vehicle, first try to find the driver. If you can’t, write down your name and address as well as an explanation of what happened on a note, and leave it on the car in a conspicuous place. If you were driving a vehicle you don’t own, leave the owner’s contact information (name and address) instead.¹

If you figure out the identity of the driver who hit your car, you can get coverage under their liability insurance with a third-party claim. However, if you can’t identify the driver, you’ll have to make a first-party claim with your insurance coverage. Collision coverage would pay for property damages, while uninsured motorist coverage would pay for property damages and bodily injuries.² You can also use personal injury protection (PIP) or your health insurance for your and your passengers’ injuries, if any.

If you know the identity of the driver but they were unable to compensate you for your total losses, you can sue them in a civil suit, given you were 50 or less at fault in the accident, due to Texas’ modified comparative negligence laws. However, if you were any percentage at fault, your compensation would be reduced by that percentage.

Texas car insurance premiums after a hit-and-run could increase, even if the accident wasn’t your fault. Anytime you file a first-party claim, your rates could increase, unless you have an accident forgiveness policy. However, in the best-case scenario, the other driver’s liability coverage will apply to you, and you won’t have to make any first-party claims, meaning your rates shouldn’t increase after a hit-and-run car accident in Texas.

We analyzed data from the National Highway Traffic Safety Administration to see how common hit-and-runs in Texas are and what they involve.

From 2011 to 2021, hit-and-runs made up an average of 7 percent of all fatal crashes.

The plurality of drivers in fatal hit-and-runs in 2021 was driving under the influence. Speeding was involved in 17 percent of all of the state’s fatal hit-and-runs the same year.

Drivers age 25 to 34 made up 29 percent of all drivers involved in fatal hit-and-runs in Texas in 2021. Beyond age 34, that percentage decreased, going down to only 2 percent of drivers 74 and older, seniors drivers.

Of the hit-and-runs in which the sex of the driver was known, 77 percent involved male drivers.

If you were involved in a hit-and-run accident in Texas, meaning you failed to stop at the scene of the crime and render aid or leave a note in the case of hitting an unattended vehicle, you could face a fine of up to $10,000 and imprisonment of up to 20 years, in the most extreme cases.³

If you were convicted of a hit-and-run, you may have trouble finding car insurance in Texas, or finding car insurance that you can afford. The best bet to find cheap Texas car insurance is to request quotes from companies that cater to high-risk drivers. If you’re still having trouble finding a provider that accepts you, ask an insurance agent about the Texas Automobile Insurance Plan Association, which will match you with a provider that will cover you.⁴