One moment everything was fine. The next, another car slammed into yours — and then drove away.
Hit and run accidents are among the most frustrating situations a Houston driver can face. You’re left dealing with damage, potential injuries, and a suspect who may be impossible to identify. But being the victim of a hit and run doesn’t mean you’re out of options. Here’s exactly what to do — and how Texas law protects you.
What to Do Immediately After a Hit and Run
Stay at the scene. Do not chase the fleeing driver — it’s dangerous and can complicate your legal position.
Call 911 immediately. Describe the fleeing vehicle as specifically as possible: color, make, model, partial plate, direction of travel, any identifying features.
Look for witnesses. People nearby may have seen more than you did. Get names and phone numbers before they leave.
Document everything. Photograph all damage, the location, road conditions, any debris left by the other car, and nearby businesses where cameras might have captured the incident.
Seek medical care the same day. A same-day medical record ties your injuries directly to the crash.
Notify your insurance company. Do it promptly — but don’t give a recorded statement without consulting an attorney first.
Finding the Driver: What Investigators Look For
Surveillance Camera Footage
Houston is covered by cameras — traffic signals, businesses, ATMs, gas stations, apartment complexes, and Ring doorbells. An attorney can send preservation letters and subpoenas to obtain footage before it’s automatically overwritten (typically within 30–72 hours). This is the most time-sensitive step in a hit and run case.
License Plate Readers
HPD and the Harris County Sheriff’s Office operate license plate readers throughout the metro area. Even a partial plate number combined with vehicle description can narrow down suspects significantly.
Physical Evidence
Paint transfer, broken glass, bumper fragments, and other debris left at the scene can help identify the make and model of the fleeing vehicle. Forensic analysis of paint chips can match specific vehicle years and manufacturers.
Your Legal Options When the Driver Is Not Found
Uninsured Motorist (UM) Coverage
In Texas, a hit and run driver is legally treated as an uninsured motorist under the Texas Insurance Code §1952. If you have UM coverage — and most Texas drivers do, unless they signed a written rejection — you can file a claim against your own policy for medical bills and future treatment, lost wages, pain and suffering, and property damage (via UMPD, subject to deductible).
Important: Texas UM claims for hit and run usually require that there was actual physical contact between the vehicles. Check your policy language carefully, and consult an attorney if the insurer disputes this.
MedPay and Collision Coverage
MedPay coverage pays your medical bills regardless of fault and regardless of whether the other driver is identified. Collision coverage handles vehicle repairs subject to your deductible — filing a collision claim for a hit and run should not raise your rates in Texas if you were not at fault.
Your Legal Options When the Driver Is Found
If law enforcement identifies the hit and run driver, your options expand. You can file a personal injury lawsuit seeking full compensatory damages and potentially punitive damages if the fleeing conduct is deemed especially reckless. Texas law treats fleeing the scene as a serious criminal offense, which often creates strong motivation to settle the civil case.
Why You Need an Attorney for Hit and Run Cases
- Evidence is time-critical. Surveillance footage is deleted fast. An attorney with hit-and-run experience knows how to preserve evidence immediately.
- UM claims involve fighting your own insurer. Your insurance company has the same incentive to minimize your payout as any other insurer.
- Investigation takes skill. Finding a hit and run driver often requires private investigators, subpoenas, and knowledge of which databases and footage sources to check.
Frequently Asked Questions
Call 911, stay at the scene, document everything possible, photograph all damage, and seek medical care immediately. File a police report and notify your insurer promptly — then call an attorney before giving any recorded statements.
Yes. If you have UM coverage on your auto policy, you can file a claim against your own insurer. MedPay covers medical bills regardless of whether the other driver is identified.
Texas has a 2-year statute of limitations for personal injury claims. But surveillance footage typically gets overwritten within 24–72 hours — acting the same day is critical.
Traffic and business surveillance cameras, license plate readers, physical evidence, witnesses, and social media tips have all solved hit and run cases. An experienced attorney can coordinate the investigation and subpoena footage before it disappears.
Talk to a Houston Car Accident Attorney
Your Houston Personal Injury Attorney
BJ Kemp
Texas State Bar #24116608 · Texas Legal Giants · Houston, TX
BJ Kemp has built Texas Legal Giants on a simple promise: Big Commitment. Giant Results. He handles personal injury cases throughout greater Houston — car accidents, truck accidents, wrongful death, slip and fall, and more — and fights to get accident victims the maximum settlement they deserve, not the quickest one the insurance company offers.
(346) 971–7333 — Free Case Review
