Does uninsured motorist coverage apply to hit and run? Uninsured motorist coverage (UM) can apply when a driver flees the scene of an accident, treating the unknown driver as uninsured under Texas law.
If you have been injured in a hit and run, uninsured motorist coverage may be the help you need. An Arlington car accident lawyer can help you understand your rights and ensure your insurance company honors its obligations.
How Uninsured Motorist Coverage Applies to Hit and Run Accidents
In Texas, it is illegal to drive without insurance. However, sometimes drivers do anyway. Uninsured motorist coverage protects you when the at-fault driver either has no insurance or cannot be identified.
A hit and run driver fits the second category. Because the driver’s identity and insurance are unknown, Texas law allows UM coverage to step in as if the driver had no insurance.
UM coverage works alongside its counterpart, underinsured motorist (UIM) coverage. While UM covers situations where the driver has no insurance or cannot be identified, UIM applies when the driver’s insurance exists but is insufficient to cover your damages. Together, UM and UIM form a crucial safety net for Texas drivers, passengers, cyclists, and pedestrians.
What UM Coverage Pays for After a Hit and Run
UM coverage pays for hit and run accident damages. It covers bodily injury and property damage. More specifically, there are two categories of Texas UM coverage:
- Uninsured motorist bodily injury (UMBI) insurance coverage: This covers medical expenses, lost wages, pain and suffering, and other non-economic damages. It is critical that you or your passengers suffer significant injuries that require long-term treatment or prevent you from working.
- Uninsured motorist property damage (UMPD) insurance coverage: This covers repairs or replacement of your car. It can sometimes be a better option than collision coverage, depending on your deductible and how a claim may impact your premiums.
Without UM coverage, you might be left paying out of pocket for medical bills, lost income, and repair costs after a hit and run. The comprehensive nature of this coverage is why many Texas car accident lawyers recommend it, even though Texas does not require drivers to purchase UM/UIM.
Legal Requirements for UM Coverage to Apply in a Hit and Run
Texas law and most insurance policies impose conditions that insureds must meet for uninsured motorist coverage to apply to a hit and run:
- Physical contact requirement: Many UM policies require physical contact between your car and the fleeing vehicle to prevent fraudulent claims. However, Texas courts sometimes recognize exceptions.
- Police report requirement: You must report the hit and run to law enforcement promptly. A police report serves as essential evidence that the accident involved another vehicle and that the driver fled.
- Prompt notice to insurer: You must notify your insurance company within the time limits stated in your policy. Delays can lead to denials.
- Efforts to identify the driver: While the driver may remain unknown, insurers often want proof you made reasonable efforts, such as cooperating with law enforcement’s investigation.
Meeting these conditions can be complicated, which is why guidance from an experienced car accident attorney in Texas is crucial.
What You Should Do After a Hit and Run to Protect Your UM Claim
To make sure your uninsured motorist coverage applies, you must take specific steps immediately after a hit and run:
- Call the police immediately: Texas law often requires a police report for UM claims related to hit and run accidents.
- Document the accident scene: Take pictures of your car, your injuries, skid marks, and debris.
- Get witness information: If anyone saw the accident, their testimony can support your claim.
- Notify your insurance company promptly: Waiting too long to report can give your insurer a reason to deny your claim.
- Seek medical treatment promptly: This creates a clear record of your injuries and establishes a connection between them and the crash.
These steps help preserve your right to use UM benefits and make it more difficult for the insurance company to dispute your claim.
Challenges You May Face When Using UM Coverage for a Hit and Run
While Texas law allows uninsured motorist coverage to apply to hit and run accidents, insurance companies do not always make it easy. Common issues include:
- Denials based on lack of police report: Many insurers require proof that you notified law enforcement.
- Claims of insufficient evidence: If you cannot show another vehicle caused the crash, insurers may deny coverage.
- Delays and lowball offers: Insurers may undervalue your damages even when coverage applies.
This is why you should get a lawyer for a car accident that was not your fault. Working with an experienced Texas car accident attorney is critical. Our skilled team can challenge unfair denials or settlements, ensuring you receive the benefits you have paid for.
Is a Hit and Run Treated the Same as an Uninsured Driver?
Yes. Texas considers a hit and run driver an uninsured driver because their insurance information is unknown. This is why UM applies. For example, if another driver runs a red light, hits your car, and speeds away before you can get their plate number, your UM coverage treats them as uninsured because you cannot identify the driver or their insurer.
The purpose of UM coverage is to act as your own policy when the liable driver cannot provide it. This is why uninsured motorist coverage applies to hit and run accidents in Texas.
Consult a Texas Car Accident Lawyer for Hit and Run UM Claims
Although UM coverage is intended to protect you, insurance companies are businesses. They may deny claims, dispute liability, or offer less than you deserve. Our car accident attorneys in Texas can:
- Review your policy and explain your rights
- Gather evidence to prove another vehicle caused the crash
- Handle communications with the insurer
- Negotiate for full compensation
- Take your case to court if necessary
By hiring our team at the Texas Law Dog, you level the playing field. Instead of facing an insurance company alone, you have a professional ensuring wealthy and powerful insurers do not take advantage of you. We don’t just bark, we bite.
The Texas Law Dog Will Protect Your Rights After a Hit and Run
Texas law treats an unidentified driver as uninsured, making your UM benefits available when you need them most. However, insurance companies do not always make the process easy. If you have been hurt in a hit and run, our knowledgeable Texas car accident lawyers can help you file a UM claim.
If you have been hurt in a hit and run, do not let an unknown driver or reluctant insurer leave you paying the price. Contact The Texas Law Dog today to schedule a free case review and learn how uninsured motorist coverage can protect you after a hit and run accident.
