Texas law requires drivers to purchase liability insurance. This coverage kicks in when a driver is liable for a wreck. But what happens if the driver who hit you flees the scene? Although legally required to stop, many motorists hit the gas pedal and get out of town, leaving victims in a lurch. The Houston car accident lawyers at The Stano Law Firm review your options.
Option #1: Submit a Claim on Your Uninsured Motorist Coverage
According to some reports, more than 10% of Texas drivers lack car insurance. Helpfully, Texas requires that all insurers offer Uninsured Motorist Coverage along with liability coverage. You can decline UM coverage in writing, but few do.
Accident victims can use UM coverage for a hit and run accident. Uninsured Motorist Bodily Injury (UMBI) coverage will pay compensation for bodily injuries, including:
- Lost income or wages
- Emergency medical treatment
- Ongoing medical treatment, including rehabilitation and prescription medication
- Pain and suffering
- Mental distress
The minimum UMBI coverage is $30,000 for bodily injuries, up to $60,000 when two or more people are injured in the crash. Your own limits could be higher.
You can also use Uninsured Motorist Property Damage (UMPD) coverage to repair your motor vehicle, up to the policy limit. (The minimum is $25,000.) That’s good news, considering the exploding costs of car repairs.
Although you pay for UM coverage, it is still fault-based insurance. You cannot use UMBI or UMPD if you are to blame for your wreck. Call The Stano Law Firm. We can negotiate with your uninsured motorist insurer for compensation to cover your accident. We can gather evidence to show you were not to blame, so you deserve compensation.
Option #2: Use Collision Coverage to Fix Your Car
If you don’t have UM coverage, then your options are more limited. One option is to use collision coverage for car repairs. Texas doesn’t require collision coverage, but many drivers carry it because they have a car loan.
The good news is collision coverage is no-fault insurance, so it doesn’t matter if you were mostly to blame for the hit and run. You can still get your car repaired up to the policy limit.
Option 3#: Use Other Insurance for Medical Care
Paying for medical care is a huge challenge after a hit and run. A night in the hospital could easily cost more than $10,000, and ongoing treatment only increases the size of the bill. What are your options?
- Health insurance. You can use your health insurance for medical care. Tell the doctor you were injured in a hit and run accident. If the police find the driver, then your insurer has a right to be reimbursed out of any settlement you receive.
- Personal injury protection (PIP) benefits. Insurance policies must include at least $2,500 worth of PIP coverage. You can use these no-fault benefits to pay for medical care after a hit and run and replace lost wages. You might have purchased even more coverage than the state’s minimum.
Option #4: Find the Fleeing Driver and File a Claim
It’s possible the police will track down the driver who struck you, in which case you can either file a claim on their liability insurance or sue them personally in court.
Remember to call the police after the wreck and share whatever information you have, including:
- Direction the car fled
- Make, model, and color of the car
- Any portion of the license plate you saw
- Other distinguishing features, like a bumper sticker
- Details about the driver, if you saw them
Houston police should try to locate the driver, especially if you suffered bodily injuries. Injuring a person and then fleeing is a serious crime.
Option #5: File a Claim with the Crime Victims Compensation Program
This program pays compensation to those people injured in certain violent crimes, and hit-and-run accidents qualify. You must report the crime within a reasonable amount of time (the sooner the better) and file your claim within 3 years. You also must cooperate with the investigation and only provide true and accurate information.
The Compensation Program will pay for medical care, lost wages, and other direct financial costs—but they don’t pay anything for pain and suffering. A Houston car accident lawyer can help you file a claim.
Discuss Your Options with Our Houston Auto Accident Lawyers
Hit and run accidents are terrifying, but financial compensation is usually within reach. Get the legal help you need to think through your options and negotiate a claim. Contact us today at 832-777-0390 to schedule a free consultation.