Hit-and-run accidents: reporting, insurance and your claim

What drivers must do after a crash#

A hit and runHit-and-run. A crash in which a driver leaves without stopping, giving information or helping the injured, as the law requires. Glossary happens when a driver leaves without doing what the law requires. State traffic codes set those duties. Texas is a typical example: a driver in a crash that hurts or may hurt someone must stop, return if they drove past, check whether anyone needs aid, and stay until they have given their name, address, insurer and vehicle registration.

Leaving can be a serious crime. In Texas, failing to stop after a crash that kills someone is a second-degree felony, and after a crash that causes serious bodily injury it is a third-degree felony. For other injuries, the penalty can reach 5 years in prison and a fine of up to $5,000.

Duties also apply when no one is hurt. A Texas driver who hits a parked, unattended car must stop and either find the owner or leave a written note with the driver's and owner's names and addresses and a statement of how the crash happened. Other states have similar rules; our state guides link to each state's details.

Who pays when the driver is unknown#

Without the other driver's insurance, the money usually comes from coverage tied to you or the car you were in. Often the most important is uninsured motorist coverageUninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary, which can also apply to a driver who cannot be identified:

Passengers and people on foot are often covered too. A passenger may claim under the policy of the car they were in, and a pedestrian may have coverage through their own household policy, depending on the policy terms and the state. Our pedestrian accident guide goes further.

Crime victims' compensation is another option, because leaving an injury crash is a crime. In Texas, the state fund covers victims of failure to stop and render aid, driving while intoxicated, intoxication assault and intoxication manslaughter, among other listed offenses. It pays up to $50,000 for one victim's losses, applications are due within 3 years of the crime, and the fund is the payer of last resort, so insurance pays first. Other states run their own programs with their own limits.

State rules for hit-and-run insurance claims#

Because no other driver can be questioned, some states only allow an uninsured motorist claim for an unknown driver if certain conditions are met. Here is how three states differ:

California adds one more deadline. To keep an uninsured motorist claim alive, within 2 years of the crash you must sue the uninsured driver, reach an agreement with your insurer, or formally start arbitrationArbitration. A private process in which a neutral arbitrator hears both sides and decides the dispute. Unlike a mediator, an arbitrator makes the decision; whether it is binding depends on the agreement or court rules. Glossary. Disputes about the claim are settled by agreement between you and your insurer or, if you disagree, by arbitration.

Evidence that can identify the driver#

The best hit-and-run claim is one where the driver is found. Even a partial description helps the police and your insurer:

• The vehicle. Any part of the license plate, the make, model, color, body style and visible damage, and the direction it went.
• Cameras. Dashcams, doorbell cameras, store and gas station cameras, and city traffic cameras. Some systems record over old footage within days, so ask owners quickly and give the police the locations.
• Witnesses. Names and phone numbers of anyone who saw the crash or the car leaving. Independent witnesses also help meet corroboration rules like Washington's.
• Physical traces. Paint transfer on your car, broken parts left on the road, and photos of the scene before it is cleared.
• Records. The police report number, the officer's name, and medical records that tie your injuries to the crash.

Steps after a hit-and-run#

1. Get safe and get care. Call 911 if anyone is hurt. Do not chase the other car.
2. Report to the police right away. A prompt crash reportCrash report. The official report an officer writes after investigating a crash, with the drivers, vehicles, witnesses and the officer's notes. Glossary protects your claim; in California, the report must be made within 24 hours.
3. Write down everything about the car. Do it before memories fade: plate, color, damage, direction and the time.
4. Look for cameras and witnesses. Note every camera near the scene and ask witnesses for their contact details.
5. Tell your insurer promptly. Ask about uninsured motorist, medical and collision coverage, and send any sworn statement your state or policy requires on time.
6. Keep a claim file. Store photos, bills, letters and a log of every call, and track your deadlines.

Our police report guide explains how to get a copy and correct mistakes in it.

If the driver is found later#

If the police identify the driver, the claim changes. You can then make a claim against the driver's liability insurer, as in any crash. If the driver turns out to have no insurance or too little, your uninsured or underinsured motorist coverage still matters. Our uninsured driver guide explains how those claims work.

If your insurer has already paid you, it may have a right of subrogationSubrogation. An insurer's right to be repaid from your settlement for what it already paid on your behalf. Glossary: it can try to recover what it paid from the driver. A criminal case may also lead to a court order that the driver repay some of your losses, which our drunk driver guide explains.