Hit and Run in Texas: Laws, Penalties, and What to Do

Texas has the highest accident volume of any state in the country, with approximately 560,000 crashes per year. Hit-and-run accidents account for a significant portion of these incidents, and Texas law treats leaving the scene as a serious criminal offense — ranging from a Class C misdemeanor for minor property damage to a second-degree felony carrying up to 20 years in prison for cases involving death.

For victims, a hit and run in Texas creates a frustrating situation: the driver who caused your injuries and vehicle damage is gone, and you need to navigate the insurance claims process on your own. Texas is a fault-based state with a modified comparative fault rule (51% bar), meaning the at-fault driver is responsible for your damages — but when that driver flees, your own uninsured motorist (UM) coverage becomes the primary path to compensation. This guide covers Texas hit-and-run laws, criminal penalties, the step-by-step claims process, settlement ranges, and your options at each stage.

KEY FACTS:

– Hit and run is a criminal offense in Texas — Class C misdemeanor to 2nd degree felony

– Texas follows a modified 51% bar — you recover nothing if more than 50% at fault

– UM/UIM coverage is your primary claim option when the driver flees

– File CR-2 with TxDOT within 10 days if $1,000+ damage

– Statute of limitations: 2 years for both PI and PD

– Texas minimum liability coverage: 30/60/25

Texas Hit-and-Run Laws

Texas Transportation Code Sections 550.021 through 550.025 require every driver involved in an accident to:

Stop at the scene immediately or as close to it as safely possible
Provide their name, address, vehicle registration number, and insurance information
Show their driver’s license if requested
Render reasonable assistance to any injured person, including calling for medical help or transporting them to a medical facility

Failing to fulfill these duties is a criminal offense. Texas law distinguishes between accidents involving only property damage and those involving injury or death, with significantly different penalty levels.

Criminal Penalties for Hit and Run in Texas

Scenario	Classification	Potential Penalty
Property damage only (Section 550.022)	Class C misdemeanor	Up to $500 fine
Property damage $200+ (Section 550.022)	Class B misdemeanor	Up to $2,000 fine, up to 180 days jail
Injury (Section 550.021)	Class A misdemeanor to 3rd degree felony	Up to $10,000 fine, up to 5 years prison
Serious bodily injury (Section 550.021)	3rd degree felony	2-10 years prison, up to $10,000 fine
Death (Section 550.021)	2nd degree felony	2-20 years prison, up to $10,000 fine

How Texas Determines the Charge Level

The charge level for a Texas hit and run depends on several factors:

Severity of injuries: More serious injuries lead to higher charge levels
Whether the driver knew injuries occurred: A driver who knew someone was injured faces harsher penalties
Criminal history: Prior convictions, especially prior hit-and-run or DUI, increase the penalty
Whether aid was rendered: Stopping but failing to provide information is a lesser offense than leaving entirely
DUI involvement: If the driver fled to avoid a DUI arrest, additional charges apply

Additional Consequences

Beyond criminal penalties, a Texas hit-and-run conviction can result in:

License suspension by the Texas Department of Public Safety (DPS)
Points on driving record affecting insurance rates
Civil liability strengthened by criminal conviction
Restitution ordered as part of the criminal sentence
Enhanced penalties for repeat offenders

Texas Modified 51% Bar and Hit-and-Run Claims

Texas follows a modified comparative fault rule with a 51% bar (Tex. Civ. Prac. & Rem. Code Section 33.001). Under this system:

If you are 50% or less at fault, you can recover damages, reduced by your percentage of fault
If you are 51% or more at fault, you are completely barred from recovery

How This Applies to Hit-and-Run Victims

In most hit-and-run cases, the 51% bar works in the victim’s favor. When a driver strikes you and flees the scene, fault is typically assigned entirely to the fleeing driver. It is difficult for an insurance company to argue that you were more than 50% at fault when the other driver committed a crime by leaving.

However, comparative fault could be raised in these situations:

You ran a red light or stop sign at an intersection
You were driving under the influence at the time of the collision
You made an illegal turn or lane change into the path of the other vehicle
You were jaywalking as a pedestrian
You were speeding significantly in excess of the posted limit

Even in these scenarios, the fact that the other driver fled the scene makes it harder for insurers to establish your fault percentage, and a judge or jury is likely to view the fleeing driver’s behavior unfavorably.

Example: If you were driving 5 mph over the speed limit when a driver ran a stop sign, hit your vehicle, and fled, a jury might assign you 5% fault and the fleeing driver 95% fault. On $100,000 in damages, you would recover $95,000 under Texas law.

What to Do If You Are a Hit-and-Run Victim in Texas

At the Scene

Stay at the scene. Do not chase the other driver. Pursuing them creates additional risks and could result in a secondary accident.
Call 911 immediately. A police report is critical for your insurance claim and the criminal investigation. Texas has high volumes of hit-and-run reports, and timely reporting increases the chances of identifying the driver.
Record every detail about the fleeing vehicle:

License plate number (even a partial plate)
Make, model, color, and approximate year
Direction of travel
Any distinctive features (bumper stickers, lift kits, damage, commercial markings)

Describe the driver if visible: gender, approximate age, hair color, clothing.
Talk to witnesses. Get names and phone numbers from anyone who saw the accident. Ask if they caught the plate number or have dashcam footage.
Photograph everything. Document your vehicle damage, debris from the other vehicle, paint transfer, skid marks, road conditions, and your visible injuries.
Check for cameras. Look for traffic cameras, business security cameras, gas station cameras, toll cameras, and dashcam footage from other vehicles. Texas highways and intersections increasingly have camera coverage.

After the Scene

Seek medical attention promptly. Some accident injuries — such as whiplash, concussions, internal bleeding, and soft tissue damage — may not produce symptoms immediately. A medical evaluation within 24 to 48 hours creates documented evidence linking your injuries to the accident.
Get a copy of the police report once it is filed.
File CR-2 with TxDOT within 10 days if property damage exceeds $1,000 or anyone was injured or killed. This is the Texas Peace Officer’s Crash Report supplement and is separate from the police report.
Contact your insurance company to report the hit and run and begin the claims process.
Keep detailed records of all medical treatment, bills, prescriptions, pay stubs showing lost work time, and a daily journal of your symptoms and recovery.

Filing Insurance Claims After a Hit and Run in Texas

Texas is a fault-based state. PIP is offered but not required. When the at-fault driver flees and cannot be identified, your own insurance coverages are the primary source of compensation.

Uninsured Motorist (UM) Coverage — Your Primary Path

In a hit-and-run case, the unidentified driver is treated as an uninsured motorist under your UM policy. Texas UM coverage pays for:

Medical expenses: Hospital bills, surgery, rehabilitation, physical therapy, medications
Lost wages: Income lost while recovering from injuries
Pain and suffering: Physical pain, emotional distress, mental anguish, loss of enjoyment of life
Future medical costs: Ongoing treatment needs related to the accident
Disfigurement and disability: Compensation for permanent physical effects

Texas law requires auto insurers to offer UM/UIM coverage. You can reject it in writing, but many Texas drivers carry it without realizing it. Check your policy declarations page.

Requirements for Texas UM claims in hit-and-run cases:

Police report documenting the accident
Evidence of physical contact between the hit-and-run vehicle and your vehicle or person (most Texas policies require this)
Timely notification to your insurer
Documentation of injuries and damages

PIP / MedPay Coverage

Texas insurers are required to offer PIP coverage, though you can decline it. If you carry PIP:

Covers medical expenses and lost wages regardless of fault
No need to identify the other driver
Typical limits range from $2,500 to $10,000
Pays quickly without extensive investigation

MedPay functions similarly, covering medical expenses regardless of fault.

Collision Coverage

Collision coverage pays for vehicle repair or replacement, minus your deductible. It does not require identifying the other driver, making it straightforward for hit-and-run claims.

Health Insurance

Your personal health insurance covers accident-related medical treatment. Your insurer may pursue subrogation if the hit-and-run driver is later identified.

If You Do Not Have UM Coverage

Without UM coverage, your options are more limited:

PIP/MedPay covers medical expenses and lost wages (if purchased)
Collision covers vehicle damage only
Health insurance covers medical bills
Lawsuit against the driver if they are identified
Texas Crime Victims’ Compensation Program may cover some costs for victims of serious criminal offenses, including felony hit and run

If the Hit-and-Run Driver Is Found

When police identify the driver, your recovery options expand significantly:

Third-party liability claim against their insurance. Texas requires minimum coverage of 30/60/25 ($30,000 per person / $60,000 per accident for bodily injury, $25,000 for property damage).
Lawsuit for damages exceeding insurance limits
Modified 51% bar applies, but as the victim of a hit and run, fault is rarely disputed
Criminal restitution ordered by the court
Punitive damages in egregious cases (DUI, extreme recklessness)
Strengthened civil case: The hit-and-run act is evidence of fault. Juries in Texas generally view fleeing drivers very unfavorably.

Settlement Ranges for Hit-and-Run Cases in Texas

Settlement values for Texas hit-and-run cases vary significantly depending on the facts. Every case is different, and no one can guarantee a specific outcome. Factors that influence settlement amounts include:

Injury severity: Minor injuries, fractures, TBI, and spinal cord injuries are all valued differently
Total medical expenses: Documented costs form the foundation of most settlements
Lost wages and earning capacity: Time missed from work and long-term income impact
UM policy limits: If the driver is not found, your UM limits cap your recovery
Pain and suffering: Duration and severity of physical and emotional impact
Permanence of injuries: Long-term or permanent impairment increases case value
Location within Texas: Major metro areas (Houston, Dallas, San Antonio, Austin) may see different jury verdicts than rural areas

General ranges based on industry data (illustrative only, not a prediction for any specific case):

Injury Level	Typical Range
Minor injuries (bruises, strains, minor whiplash)	$5,000 — $25,000
Moderate injuries (fractures, significant soft tissue damage)	$25,000 — $100,000
Serious injuries (surgery, TBI, herniated discs)	$100,000 — $400,000+
Catastrophic injuries (spinal cord, permanent disability)	$400,000+

Frequently Asked Questions

Is hit and run a felony in Texas?

It depends on the outcome. Property damage only is a misdemeanor. Injury can be charged as a Class A misdemeanor or 3rd degree felony. Serious bodily injury is a 3rd degree felony (2-10 years). Death is a 2nd degree felony (2-20 years). The charge level depends on the severity of injuries and the driver’s criminal history.

What if I only got a partial license plate?

Report it to police immediately. Even a partial plate, combined with vehicle description, time, location, and direction of travel, can help law enforcement identify the driver. Traffic cameras, toll cameras, and business security cameras may also provide footage.

How long do I have to file a claim in Texas?

The statute of limitations is 2 years from the accident date for both personal injury and property damage claims. Report the accident to police immediately and notify your insurer promptly. File the CR-2 with TxDOT within 10 days if damage exceeds $1,000.

What if I do not have UM coverage?

Your options are more limited. PIP/MedPay (if purchased) covers medical expenses. Collision covers vehicle damage. Health insurance covers medical bills. If the driver is identified, you can file against their insurance or sue them. The Texas Crime Victims’ Compensation Program may provide limited assistance for serious criminal offenses.

Does my insurance rate increase after a hit-and-run claim?

Texas law generally prohibits insurers from raising rates when you file a claim for an accident where you were not at fault. As the victim of a hit and run, your rates should not increase for filing UM or collision claims, though it is worth confirming with your specific insurer.

Can I recover damages even if I was partially at fault?

Yes, as long as your fault does not exceed 50%. Under Texas’s modified 51% bar (Tex. Civ. Prac. & Rem. Code Section 33.001), your recovery is reduced by your percentage of fault. At 51% or more fault, you recover nothing. In hit-and-run cases, fault is typically assigned to the fleeing driver.

What is the Texas Crime Victims’ Compensation Program?

The Texas Attorney General’s Crime Victims’ Compensation Program may provide financial assistance to victims of violent crimes, which can include felony hit and run involving serious injury. Benefits may cover medical bills, lost wages, and funeral expenses. Eligibility requires filing a police report and cooperating with law enforcement.

How are hit-and-run cases investigated in Texas?

Texas law enforcement uses several methods to identify hit-and-run drivers: traffic and toll camera footage, business security cameras, dashcam footage, witness statements, paint transfer analysis, debris matching, license plate reader (LPR) technology, and canvassing repair shops for vehicles matching the description. The more information you provide at the scene, the better the chances of identification.

Related Guides

Get Help With Your Texas Hit-and-Run Claim

If you were the victim of a hit and run in Texas and need legal guidance, a local attorney can evaluate your case at no cost. Most personal injury lawyers work on contingency, which means you pay nothing unless they recover money for you.

Common Mistakes Texas Drivers Make After a Car Accident

In Texas’s fault-based system, certain missteps after a collision can significantly impact a driver’s ability to recover compensation, especially in hit-and-run scenarios where the at-fault party is unknown. Understanding these common mistakes can help protect your rights and streamline any potential insurance claim.

Failing to report the accident promptly — Texas law generally requires a crash report (CR-2) to be filed with the Texas Department of Transportation (TxDOT) within 10 days if the accident results in injury or property damage exceeding ,000. Delaying this can hinder insurance claims and official investigations.
Not gathering available evidence at the scene — Without the at-fault driver present in a hit-and-run, collecting details like witness contacts, photos of vehicle damage, and any debris can be key for an uninsured motorist claim. This evidence helps establish the incident’s circumstances.
Admitting fault or apologizing — Texas operates under a 51% bar modified comparative fault rule. Any statement that could be interpreted as admitting fault might reduce or even bar your ability to recover damages if you are found to be more than 50% responsible for the accident.
Delaying medical attention for injuries — Even seemingly minor injuries can worsen, and a delay in seeking medical care can make it more challenging to link those injuries directly to the hit-and-run incident during an insurance claim. Prompt medical documentation is often advisable.
Waiting too long to pursue a claim — Texas has a two-year statute of limitations for personal injury and property damage claims. Missing this deadline generally means losing the opportunity to seek compensation, regardless of the merits of your case.
Not reviewing uninsured motorist (UM) coverage — Given that Texas does not require Personal Injury Protection (PIP) and the at-fault driver is unknown in a hit-and-run, many drivers overlook how their UM coverage can be the primary path to compensation for medical bills and vehicle repairs.

Frequently Asked Questions About Hit and Run Accidents in Texas

What is the deadline for reporting a hit-and-run accident in Texas?

In Texas, if a hit-and-run accident results in injury or property damage exceeding ,000, a crash report (CR-2) should generally be filed with the Texas Department of Transportation (TxDOT) within 10 days of the incident. Prompt reporting can be important for insurance claims and any potential law enforcement investigation.

How does Texas’s fault rule affect a hit-and-run claim?

Texas follows a 51% bar modified comparative fault rule. While the at-fault driver is typically responsible for damages, in a hit-and-run, your own uninsured motorist (UM) coverage often becomes the primary avenue for compensation. If any fault were to be attributed to you by your insurer, it could potentially affect your ability to recover, depending on policy terms and the specific circumstances.

What is the statute of limitations for a hit-and-run injury claim in Texas?

For personal injury claims arising from a hit-and-run in Texas, the statute of limitations is generally two years from the date of the accident. This means that legal action or filing a formal claim for compensation typically needs to be initiated within this two-year period to preserve your right to seek damages.

Does my insurance cover a hit-and-run in Texas if the other driver isn’t found?

In Texas, if the at-fault driver in a hit-and-run is not identified, your uninsured motorist (UM) coverage is typically the primary option for covering your medical expenses and vehicle damage. While Texas requires minimum liability coverage of 30/60/25, UM/UIM coverage is optional but often advisable for such scenarios, as Texas is not a no-fault state and does not require PIP.

When Professional Help Tends to Make Sense

Most minor accidents in Texas are resolved between the drivers and their insurance companies without ever involving an attorney. Many accident victims, however, consider consulting an attorney when one or more of the following applies to their situation:

A fatality occurred, or a wrongful-death claim may be involved
Medical bills are already in the tens of thousands of dollars, or still growing
There is a permanent injury, visible scar, or any sign of traumatic brain injury (TBI)
The insurance company’s first settlement offer feels far below your actual costs
The insurance company is arguing that your injuries are pre-existing, or trying to shift primary fault onto you despite the evidence
Multiple vehicles or multiple parties are involved and liability is unclear
Fault is disputed — especially relevant given Texas’s 51% bar modified comparative fault rule (a plaintiff more than 50% at fault recovers nothing)
The Texas statute of limitations for personal injury (2 years from the accident) is within six months
A government vehicle, commercial truck, or rideshare driver is involved
The other driver was uninsured, underinsured, or fled the scene (hit-and-run)

If none of these apply to your situation, you may be able to settle directly with the insurance company. The other guides on this site walk through that process step by step.

Speak with a Free Car Accident Attorney

Reviewed by TurnYourClaim Editorial Team — Last verified: 2026-03-03

Sources: Tex. Civ. Prac. & Rem. Code § 33.001 (Comparative Fault); Tex. Transp. Code § 601.051 (Financial Responsibility / Minimum Coverage); Tex. Civ. Prac. & Rem. Code § 16.003 (Statute of Limitations); TxDOT Crash Records Information System

DISCLAIMER: This website is not a law firm and does not provide legal advice. This page provides general educational information only. Laws vary by state and change frequently. Always consult a licensed attorney in your state for advice specific to your situation. This is not medical advice. If you have been injured, seek immediate medical attention from a qualified healthcare professional. Last updated: May 2026.