Hit and runs happen too often, leaving victims unsure how they’ll get compensation. Even if the driver fled the scene, you may be able to file a lawsuit once our lawyers identify them. Identifying the negligent driver is crucial to filing a lawsuit, so don’t wait to have us start investigating the case.
Being injured in a hit-and-run in Austin is a terrifying and infuriating experience. You’re left dealing with injuries, a damaged vehicle, and mounting medical bills — while the person responsible drives away. The good news is that Texas law provides multiple pathways to compensation, even when the at-fault driver is never identified.
The most important immediate resource is your own Uninsured Motorist (UM) coverage, if you carry it on your Texas auto insurance policy. UM coverage is specifically designed to compensate you when you’re hit by an uninsured or unidentified driver — and in hit-and-run cases, the fleeing driver is treated as uninsured. Under Texas law, your UM insurer steps into the shoes of the at-fault driver. You submit a claim to your own insurance company, and if they act in good faith, they pay you just as the at-fault driver’s insurer would have. If they don’t, you can pursue a bad faith claim against them.
Texas law does have requirements for UM hit-and-run claims: typically, there must be physical contact between the vehicles (not just a “phantom car” that forced you off the road), and you must report the accident to police promptly. Austin Police Department (APD) coverage of hit-and-run incidents is supported by the city’s extensive traffic camera network — which your attorney can access to identify the fleeing driver.
If the hit-and-run driver is identified later — through witnesses, traffic cameras, a partial plate number, or an APD investigation — you can pursue a full personal injury claim against them directly, including a claim for any criminal conduct enhancements.
Cap City Injury Attorneys helps Austin hit-and-run victims navigate both the UM insurance process and the search for the at-fault driver. We know who to contact, what evidence to preserve, and how to hold insurers to their obligations.
Call Cap City Injury Attorneys at (512) 612-3110 to discuss your case for free with our Austin car accident lawyers.
Can You Sue for Injury After a Hit and Run?
Whether or not you can hold someone accountable for a hit and run depends on whether our lawyers can identify them after an accident in Texas.
If the Driver is Identified
Often, our lawyers can quickly identify the driver after a hit and run by reviewing surveillance footage and interviewing eyewitnesses. You may be unable to track down the at-fault driver without our attorneys’ help, especially if injuries land you in the hospital for several days afterward.
In addition to our efforts, police officers may investigate to identify the at-fault driver, as fleeing the accident scene is against the law.
If the Driver is Not Identified
If the at-fault driver is not identified, there are still ways to get compensation, such as from your own uninsured/underinsured motorist coverage and other insurance. Even if you cannot provide any identifying information about the driver or their vehicle to help us track them down, we may still be able to locate them, allowing you to file a lawsuit and seek damages. Therefore, don’t assume the worst if you can’t identify the driver right away.
What to Do So You Can Sue for Injury After a Hit and Run
Taking certain steps after a hit and run helps ensure you can file a lawsuit in the future.
Call the Police
Call the police after a hit and run in Austin. Police officers will write a report detailing the crash based on property damage and your account, and may then start tracking down the driver who fled.
Speak to Witnesses
If you see witnesses in the area after a hit and run, talk to them. Ask if they saw what happened, and, if so, to provide their names and phone numbers. Eyewitnesses may have seen something you didn’t that helps us identify the driver, such as a partial license plate number or vehicle make and model.
Talk to Our Lawyers
The sooner you talk to our lawyers about the accident, the better. Tell us everything you can remember so that we can record your statement and refer back to it as we build the case. Our lawyers may ask questions that jog your memory and make you recall important details that ultimately lead to the driver’s identity. As time passes, you risk forgetting small yet crucial details, so don’t wait for this step.
What Economic Damages Can You Sue for After a Hit and Run?
You should sue for all economic damages after a hit and run in Austin.
Medical Expenses
When we identify the driver in a hit and run, the victim can sue for all medical damages. Texas permits compensation for current and future medical expenses, so let us factor in expected surgeries and procedures.
Lost Wages
You can also sue for lost wages once we identify the driver in a recent hit and run. Lost wages are based on income records and employment information, which our attorneys can organize for your case.
Miscellaneous Costs
Hit and run victims can also sue for miscellaneous out-of-pocket expenses, and we can help pinpoint all the economic damages you have incurred.
Can You Sue for Non-Economic Damages After a Hit and Run in Austin?
If a negligent driver hits you, flees the scene, and is subsequently identified by law enforcement or our Texas car accident lawyers, you may file a lawsuit that covers non-economic damages.
Hit and runs often bring an added layer of stress and anxiety for victims, who might already be dealing with physical pain and discomfort because of injuries. Non-economic damages compensate plaintiffs for all subjective intangible harms they experience, which they may prove by testifying to at trial.
What Evidence Do You Need to Sue for Injury After a Hit and Run?
Allow our lawyers to get the evidence you need to prove liability for a hit and run in Austin.
Eyewitness Statements
Eyewitness testimony is exceptionally helpful in a hit and run lawsuit. An eyewitness can testify about seeing the defendant strike the plaintiff’s vehicle and then flee the scene. They can describe how the driver was negligent, the extent of the victim’s injuries, and the general consequences of the collision.
You are also an eyewitness. If you saw the negligent driver before they fled, you may be able to identify them during a trial and confirm that they hit you.
Video Footage
Please inform our lawyers as soon as possible of the exact location where the accident occurred. Many intersections and streets in Austin have residential or commercial security cameras, which may film a collision. If we can get video footage, it may show the other driver’s vehicle, license plate, or even their face, confirming they were present during the accident.
Medical Records
Like any injury lawsuit, you need to prove that the driver who hit you and fled the scene also injured you. We require medical records to proceed with this. Still go to the hospital after a hit and run, even if you are concerned about identifying the at-fault driver. Our lawyers have the skills and resources to track them down, and may do so soon.
Get Our Help with Your Austin Hit and Run Accident Case
Call Cap City Injury Attorneys at (512) 612-3110 for a free case assessment from our Austin personal injury lawyers.
Austin Hit-and-Run Scenario: How Victims Recover Compensation
A pedestrian was struck in a crosswalk at the intersection of Airport Boulevard and Reinli Street in Austin at 10 p.m. The driver — later identified through nearby business surveillance footage — sped away. The victim suffered a broken femur, a dislocated hip, and facial lacerations, totaling $94,000 in emergency and surgical care.
Cap City Injury Attorneys first filed a UM claim with our client’s own auto insurer to provide immediate coverage while the police investigation continued. APD identified the driver three weeks later through a license plate fragment captured on a convenience store camera. We then filed a direct lawsuit against the identified driver and obtained a judgment for $340,000 — including $246,000 for pain and suffering and future care. Even before the driver was found, our client received $50,000 in UM benefits to cover immediate medical costs. In Austin hit-and-run cases, working on both tracks simultaneously — UM coverage and criminal identification — maximizes the victim’s total recovery.
Frequently Asked Questions About Hit-and-Run Injury Claims in Austin
Q: What should I do immediately after a hit-and-run in Austin?
A: Call 911, get a police report, photograph your vehicle and the scene, collect any witness names, and note details about the fleeing vehicle. Report it to your insurance company promptly. Then call an attorney.
Q: Can I recover compensation if the hit-and-run driver is never caught?
A: Yes, through your own Uninsured Motorist (UM) coverage. If you have UM coverage on your Texas auto policy, you can file a claim even if the driver is never identified — as long as there was physical contact.
Q: Does Texas require physical contact for a UM hit-and-run claim?
A: Generally yes. Most Texas UM policies require actual physical contact with the unidentified vehicle. If a “phantom car” forced you off the road without contact, coverage may be disputed — consult an attorney.
Q: Can Austin traffic cameras help identify the hit-and-run driver?
A: Yes. Austin has an extensive traffic camera and red-light camera network. Your attorney can request footage from APD and nearby businesses quickly — surveillance footage typically overwrites within days.
Q: What if my UM insurer denies my hit-and-run claim?
A: If your insurer unreasonably denies a valid UM claim, they may be liable for bad faith under the Texas Insurance Code — potentially entitling you to additional damages, penalties, and attorney’s fees.
Q: How long do I have to report a hit-and-run to my insurance company in Texas?
A: Most policies require “prompt” or “timely” notification. Call your insurer as soon as possible — delays can give the insurer grounds to deny the claim. Call an attorney the same day to protect your rights.
Q: Can I sue the hit-and-run driver if they’re found later?
A: Absolutely. If the driver is identified, you can file a full personal injury lawsuit against them. Texas’s two-year statute of limitations may be tolled (paused) from the time the driver is identified.
Q: What if I was on a bike or walking when hit by a hit-and-run driver in Austin?
A: Pedestrians and cyclists may have additional options including homeowner’s insurance, renter’s insurance UM provisions, and the Texas Crime Victims’ Compensation Program. An attorney can identify all available sources.
Matthew Mandelker is the Founder, CEO, and Managing Attorney of Cap City Injury Attorneys, bringing over 15 years of personal injury law experience in Texas to every case he handles. A graduate of St. Mary’s University School of Law, Matthew has served as a partner, sole practitioner, and associate at some of the largest personal injury firms in Texas, giving him a unique perspective on what great legal representation looks like. He founded Cap City Injury Attorneys to combine the sophistication of a major firm with the personalized service of a boutique practice, ensuring every client receives direct attorney access, honest communication, and relentless advocacy. When he is not fighting for his clients, Matthew can be found on Lake Travis or spending time with his 10-year-old twins, and that same dedication to family is the foundation of everything he does at the firm.