Managing an insurance claim and recovering from injuries after a car accident can be daunting. This is often made more stressful when you’re involved in a hit-and-run accident. No one needs the stress of battling insurance providers and worrying about deductibles or premiums because of someone else’s negligence. The experienced car accident attorneys at J.D. Silva and Associates PLLC, are prepared to help you navigate the process of recovering what you deserve.
First Steps to Take After a Hit-and-Run Accident in Texas
If another driver involved in an accident flees the scene, you may be unsure of how to handle the situation. Your immediate steps are not that different from the steps you may take for any other accident.
Safety
The first step is always to ensure your safety and the safety of those around you. If you are able, pull your vehicle to the side of the road or away from traffic. Call 911 to report the accident and request any additional services you may need, such as medical attention or traffic control.
Documentation
If there is anything you remember about the driver or vehicle that hit you, it may be helpful to write it down as soon as possible to help you provide the most accurate information to the police. According to the National Highway Traffic Safety Administration (NHTSA), hit-and-run accidents cause nearly 3,000 fatalities each year.
Accurate information and quick reporting benefit you by increasing the chances of finding the other driver. It also benefits the community by showing that these people will be held accountable.
Take photos
In the absence of another driver with insurance information, photos may be your only evidence of what happened. Save dashcam footage if you have it, and take pictures of any damage to your vehicle, skid marks or debris from other vehicles on the road, and your injuries.
Collect Contact Information
Collect the contact information of anyone who may have witnessed the accident. They may provide helpful information when it comes to identifying the driver or showing that the accident was not your fault.
Medical Evaluation
If EMS arrives at the scene of the accident, allow them to evaluate you. Car accident injuries are not always evident immediately, so a formal medical exam can be critical to assessing and diagnosing injuries before you accidentally make them worse. It also provides documentation of your injuries immediately following the accident, which can be helpful to your case.
Vehicle Estimates
Following a hit-and-run, whether you decide to repair damages yourself or not at all, an attorney may advise you to get an estimate for repairing the damages. This further establishes that your vehicle sustained damage and provides a dollar amount that may help if you recover compensation.
Know What Your Car Insurance Policy Covers Before You File a Claim
The state of Texas handles car accident claims based on a tort system. The Texas Department of Insurance explains that drivers must show proof that they can cover damages in accidents they cause, which most often takes the form of auto liability insurance. The state requires minimum liability coverage of $30,000 for bodily injury per person, $60,000 per accident, and $25,000 for property damage.
However, this insurance policy only applies to accidents where you are responsible for ensuring the other party is able to receive medical care and repair their vehicle.
To protect yourself in hit-and-run accidents, you may choose to purchase uninsured/underinsured motorist, collision, and comprehensive policies.
If you have these additional policies, you may have more opportunities to recover your losses. However, filing a claim, even for uninsured motorists, may cause your premium to go up. However, for some policies, the increase may be less under UIM than trying to file the claim as an at-fault driver. According to State Farm, you may also be responsible for your deductible when you file a claim.
What Are My Options in a Hit-and-Run Accident Claim?
Unfortunately, when you are the victim of a hit-and-run accident, your options to recover damages are often limited. Once you file a police report, your first step is to contact your insurance company to determine whether they can offer any coverage. For medical bills, you may consider utilizing your own health insurance to reduce out-of-pocket expenses.
If they find the person who hit you, you may have the option to sue them for damages to recover your costs. An important consideration of this is that your insurance providers may be entitled to a portion of what you recover if they paid on a claim. That’s why it is best to discuss the situation with a car accident attorney to determine if this is a viable option.
Compensation You Might Recover After a Hit-and-Run Accident
Should you determine that a lawsuit is the best route for your situation, there are several types of damages you may choose to claim based on your losses and injuries. These may include:
- Medical bills
- Travel costs for medical appointments
- Lost wages
- Repair costs
- Pain and Suffering
In some cases, you may choose to pursue punitive damages. In Texas, these are identified in the Civil Practice and Remedies Code and are awarded on the basis of malice or particularly egregious behavior. These are meant to punish the responsible party rather than compensate the victim.
Call J.D. Silva & Associates Today for Support in Your Hit-and-Run Case
If someone caused an accident and fled the scene, you deserve a chance to pursue justice and compensation. While you may benefit from utilizing your own car insurance policy, you should not have to bear the consequences of someone else’s negligence and recklessness. We are committed to fighting for your right to compensation, and our car accident attorneys will not hesitate to take your case to trial if necessary.
J.D. Silva & Associates PLLC has two office locations in Pearland and McAllen. We offer services in English and Spanish, including free case evaluations to discuss your case and inform you of your options. Call us today for the support you deserve.