Being involved in a car accident is stressful enough. When the other driver flees the scene or lacks insurance coverage, the situation becomes even more complicated. Unfortunately, hit-and-run and uninsured driver accidents are not uncommon in San Antonio. If you or a loved one was injured in one of these types of crashes, you may be left with many questions about your legal rights, your insurance coverage, and how to get the compensation you need to recover.
At Tracey Fox & Walters, our attorneys are here to help guide you through this process. We understand the confusion and frustration that comes with these types of accidents, and we are committed to standing up for victims who are left behind with medical bills, vehicle damage, and no clear path forward without another driver to secure a settlement for your damages.
Why Hit-and-Run and Uninsured Driver Accidents Are Common in San Antonio
San Antonio’s growing population and heavy traffic mean more accidents are happening across the city. Unfortunately, not every driver on the road is insured, and not every driver takes responsibility when they cause a crash. Some panic and leave the scene. Others simply never had the legal coverage required to be behind the wheel in the first place.
Texas law requires all drivers to carry minimum liability insurance. Still, a surprising number of motorists either let their coverage lapse or never obtain it.
The Texas Department of Motor Vehicles estimates that nearly 20% of Texas drivers are uninsured. Combine that with distracted driving, alcohol use, or speeding, and it is easy to see why so many San Antonio crashes involve uninsured or hit-and-run drivers.
What to Do After a Hit-and-Run in San Antonio
If you are the victim of a hit-and-run accident, the steps you take immediately after the crash can significantly impact your ability to file a claim and recover compensation.
Ensure Your Safety First
Your first priority should always be your safety and the safety of anyone else involved. Move your vehicle out of traffic if you can do so safely. Turn on your hazard lights and call 911, especially if there are injuries. Even if the damage seems minor, it is still important to have a police officer respond and create an official accident report. Make sure your injuries are documented by your physician or professional medical staff. That record will be important for your insurance claim or personal injury claim.
Report the Hit-and-Run in San Antonio
In Texas, you are required to report accidents that result in injury, death, or more than $1,000 in property damage. When you are the victim of a hit-and-run, a police report becomes a crucial piece of evidence. Be sure to tell the responding officer everything you remember about the fleeing driver and their vehicle, including the make, model, color, direction they were headed, and even a partial license plate if possible.
You should also file a report with the Texas Department of Transportation (TxDOT) within 10 days of the crash if the damage or injuries meet the reporting threshold.
Gather Evidence if Possible
While waiting for law enforcement to arrive, try to gather as much evidence as possible. Take photos of the scene, your vehicle damage, skid marks, traffic signals, and any injuries. If there are witnesses, ask for their names and contact information. Nearby businesses or homes may have surveillance footage that captured the accident. The more information you have, the stronger your case will be when filing a claim.
What to Do After an Accident with an Uninsured Driver
An accident involving an uninsured driver can be just as frustrating as a hit-and-run. You may be dealing with injuries, car repairs, and medical bills, only to find out that the other driver has no insurance to cover your losses.
Understanding Texas Uninsured Driver Laws
Texas follows a fault-based system for auto accidents, meaning the at-fault driver is financially responsible for the damages. If that driver has no insurance, or the driver cannot be found, you may need to rely on your own policy’s uninsured motorist (UM) coverage.
Uninsured motorist coverage is not automatically included in every policy, but insurance companies in Texas are required to offer it. Unless you rejected it in writing, you likely have it as part of your coverage. This insurance is designed to pay for your medical bills, lost wages, pain and suffering, and sometimes property damage if the other driver has no coverage or cannot be found.
Steps to Take Immediately
- Call 911 and report the accident, making sure to inform the officer that the other driver is uninsured. A police report is essential for your claim.
- Seek medical attention promptly, even if injuries seem minor, and keep records of all treatments and expenses.
- Notify your insurance company about the accident and that the other driver is uninsured. Avoid giving detailed statements before consulting a lawyer.
- Document everything. Document vehicle damage and the accident scene with photos and repair estimates to support your claim. Get a copy of all police records. Try and find witnesses to the hit and run that might be able to provide crucial information to locating the driver.
- Contact an experienced personal injury lawyer to help protect your rights and maximize your compensation. Doing so if the at-fault driver cannot be found can become an ordeal fast.
How Uninsured Motorist Coverage Works
Uninsured motorist coverage typically applies when the at-fault driver has no insurance, or if you were the victim of a hit-and-run where the driver is never identified. Your insurer essentially steps into the shoes of the missing or uninsured driver and pays the damages you would have otherwise recovered from them.
However, insurance companies are still businesses, and even your own provider may try to minimize or deny your claim. This is where an experienced San Antonio car accident lawyer can make a major difference.
Legal Options for Victims in San Antonio
You have legal rights even if the other driver fled the scene or did not carry insurance. Depending on your situation, you may be able to:
- File an uninsured motorist claim with your own insurance provider
- File a personal injury lawsuit against the at-fault driver (if identified)
- Seek compensation through other insurance coverages like personal injury protection (PIP) or collision coverage
- Pursue punitive damages in cases of gross negligence or intentional harm if the driver can be located, but this form of damage collection is more rare.
A personal injury attorney can help you evaluate all available legal options and ensure no opportunity for recovery is overlooked.
Compensation You May Be Entitled To
Victims of hit-and-run and uninsured driver accidents may be eligible to recover compensation for a wide range of damages. This may include:
- Medical bills, hospital stays, rehabilitation, and ongoing care
- Lost income and reduced earning potential
- Vehicle repair or replacement costs
- Pain and suffering
- Emotional distress and mental anguish
- Punitive damages in some cases
At Tracey Fox & Walters, our car accident lawyers can help calculate the full value of your claim so that you are not left accepting a lowball offer from an insurance company.
Why You Should Call a San Antonio Hit-and-Run Lawyer
Hit-and-run and uninsured motorist claims are among the most complex types of auto accident cases. You are often dealing with incomplete information, limited evidence, and insurance companies looking for ways to deny or reduce your claim.
At Tracey Fox & Walters, we understand these challenges and know how to fight for the full compensation you deserve.
Our attorneys have handled countless accident claims throughout San Antonio and Texas. We understand how local laws work, how insurance companies operate, and what strategies can be used to protect your interests.
When you work with us, we can handle everything from gathering evidence and speaking to witnesses, to negotiating with insurers and filing lawsuits if needed. We will keep you informed throughout the process, help you avoid costly mistakes, and make sure your voice is heard. If a reasonable settlement cannot be acquired through negotiation, we will step into the courtroom without fear and go before a judge to get what you deserve.
Contact Tracey Fox & Walters Today
If you or a loved one was involved in a hit-and-run or uninsured driver accident in San Antonio, don’t face the legal and financial aftermath alone. Time is critical, and the steps you take now can have a big impact on your ability to recover.
Contact us today at (713) 495-2333 for a free, confidential consultation. We will review your case, explain your options, and help you pursue the justice and compensation you deserve.
We are here to fight for you, because we’re a Texas firm that gets Texas results.
