Injured in a Hit-and-Run in San Antonio?
The driver who hit you took off. That doesn't mean you're out of options. Bexar County recorded over 48,000 motor vehicle crashes in 2023, and San Antonio's sprawling highway network — I-35, I-10, Loop 410, Loop 1604, and US-90 — gives fleeing drivers plenty of ways to disappear. Hit-and-runs are one of the hardest crash types to resolve, but Texas law still provides paths to compensation even when the other driver is never found. Here's what you need to do right now.
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Key Takeaways
- Stay at the scene and call 911 immediately — do not chase the fleeing driver, and give the dispatcher every detail about the vehicle including make, model, color, and any partial plate number.
- Texas's 2-year statute of limitations (Tex. Civ. Prac. & Rem. Code § 16.003) may be tolled until the hit-and-run driver is identified, since you can't sue someone you don't know — but don't rely on tolling without consulting an attorney.
- Under Texas's modified comparative negligence rule (Tex. Civ. Prac. & Rem. Code § 33.001), the driver's decision to flee strongly undermines any argument that you were primarily at fault for the crash.
- San Antonio recorded 71 pedestrian fatalities in 2023 and 917 crashes involving pedestrians or cyclists in 2024 — a disproportionate number of pedestrian deaths involve drivers who leave the scene.
- If you carry uninsured motorist (UM) coverage, it's your primary path to compensation when the driver is never found — Texas does not require UM coverage, so check your policy now.
- Leaving the scene of an accident involving injury or death is a felony in Texas (Tex. Transp. Code § 550.021) — if the driver who hit you is identified, they face 2 to 20 years in prison in addition to civil liability for your injuries.
Stay at the Scene and Call 911
Do not chase the other driver. The impulse is understandable, but pursuing a fleeing vehicle puts you and everyone else on the road at risk. Stay where you are, check yourself for injuries, and call 911 immediately.
Tell the dispatcher it was a hit-and-run. Give them everything you can about the other vehicle — make, model, color, partial plate number, direction they fled, any damage you noticed. Even a partial plate or a general vehicle description can be enough for police to track the driver down. Law enforcement agencies across the San Antonio area have been expanding their use of Flock Safety automated license plate reader (ALPR) cameras, and a partial plate combined with ALPR data has helped solve hit-and-run cases in the region.
If you're able, flag down witnesses before they leave. Other drivers, pedestrians, people at nearby businesses — anyone who saw the vehicle or the crash. Their descriptions and any dashcam footage can be the difference between finding the driver and never identifying them.
Get Medical Attention — Don't Wait
Even if your injuries seem minor, get checked out at an emergency room or urgent care the same day. Adrenaline and shock mask pain. Soft tissue injuries, concussions, and internal bleeding don't always show symptoms right away.
San Antonio has two Level I trauma centers. University Hospital, part of University Health System, is the primary civilian trauma center for a 22-county region in South Texas. Brooke Army Medical Center (BAMC) at Joint Base San Antonio–Fort Sam Houston is the Department of Defense's only Level I trauma center and also serves civilian trauma patients. Together, these facilities treated more than 5,600 trauma patients in a recent year. Methodist Hospital and Baptist Medical Center also provide emergency care throughout the city.
Medical documentation matters for two reasons. First, it links your injuries to the crash — without that documented connection, any insurance claim gets harder. Second, if the driver is found later, your medical records become the foundation of your claim against them. If they're never found, you'll need those records to file a claim under your own uninsured motorist coverage.
File a Police Report and Push for Investigation
If police responded to the scene, they'll generate a crash report. If they didn't — which happens frequently with non-fatal hit-and-runs — you must file a report yourself. Call SAPD's non-emergency line at 210-207-SAPD (7273) or file a report through SAPD's online reporting system at sa.gov. You can also visit the SAPD Records office at 315 S. Santa Rosa, San Antonio, TX 78207.
Texas law (Tex. Transp. Code § 550.062) requires drivers to file a crash report with TxDOT within 10 days if the crash caused injury, death, or property damage of $1,000 or more and was not investigated by a law enforcement officer.
The police report is your single most important document. It creates an official record that a hit-and-run occurred, captures the evidence collected at the scene, and triggers an investigation. SAPD's Traffic Investigation Detail handles serious hit-and-run crashes using SAPD Form #12-D (Hit-and-Run/FSRA Supplement). Give the police everything you have: your description of the other vehicle, witness contact info, the time and location of the crash, and any photos or video.
Ask whether there are traffic cameras, red-light cameras, or business security cameras near the crash location. SAPD has access to CENTRO's downtown camera system, and multiple agencies in the San Antonio area use Flock Safety ALPR cameras. Footage from nearby intersections, gas stations, and commercial buildings has helped identify hit-and-run drivers in the region. Police may not check every camera without prompting — ask specifically.
Document Everything You Can Remember
Write down every detail you recall about the other vehicle and the crash while it's still fresh. Color, size, body style, any distinguishing features — bumper stickers, damage, loud exhaust, tinted windows. Which direction did they go? Did they brake before impact or hit you at full speed? Did they slow down after the collision or accelerate away?
Photograph your vehicle's damage, the crash location, skid marks, debris left behind, and any paint transfer on your car. Paint transfer is physical evidence — it can match the other vehicle's factory color and narrow the search. Don't wash your car or have the damage repaired until police have had a chance to examine it.
If you were a pedestrian or cyclist hit by a car that fled, photograph your injuries, your damaged clothing, and the exact spot where the impact happened. Look for broken pieces from the other vehicle — mirror glass, plastic trim, headlight fragments. Those parts can identify the year, make, and model of the car. San Antonio recorded 917 crashes involving pedestrians or cyclists in 2024, the highest in three years, and a significant share of pedestrian fatalities involve drivers who flee.
Save everything. Tow truck receipts, medical bills, pharmacy costs, records of missed work. You'll need all of it whether you're filing against the other driver's insurance or your own.
Understand Your Insurance Options When the Driver Can't Be Found
Here's the reality: most hit-and-run drivers are never identified. Police departments across the country lack the resources to investigate every case, and San Antonio is no exception. But that doesn't mean you're left with nothing.
If you carry uninsured motorist (UM) coverage on your auto policy, this is exactly the situation it's designed for. When the other driver is unidentified — a textbook hit-and-run — your own UM policy steps in and covers your medical bills, lost wages, and pain and suffering, up to your policy limits.
Important: Texas does not require drivers to carry UM coverage. It is optional. When you purchase auto insurance in Texas, your insurer is required to offer UM/UIM coverage (Tex. Ins. Code § 1952.101), and you must affirmatively reject it in writing if you don't want it. If you never signed a rejection form, you likely have UM coverage at your policy's liability limits. Check your policy now.
To trigger your UM coverage for a hit-and-run, you generally need to file a police report and demonstrate that you were injured by an unidentified driver. Important: most Texas UM policies include a physical contact requirement — meaning the fleeing vehicle must have actually struck your vehicle or your person for the UM claim to apply. If a driver ran you off the road without contact, your UM claim may be denied unless you can identify the driver. Your insurance company will treat this as a claim under your own policy, which means they'll investigate and negotiate — don't assume they'll be generous just because you're their customer.
If you also carry underinsured motorist (UIM) coverage, that provides an additional layer. If the hit-and-run driver is eventually found but has minimal or no insurance, your UIM coverage makes up the difference. With approximately 14% of Texas drivers estimated to be uninsured (Insurance Research Council), UIM coverage is particularly valuable.
Know What Happens If the Driver Is Found
If police identify the hit-and-run driver — through cameras, witnesses, paint transfer analysis, ALPRs, or the driver turning themselves in — the situation changes. Now you have a defendant.
The driver faces criminal charges under Texas's Failure to Stop and Render Aid statute (Tex. Transp. Code § 550.021). Penalties are severe: leaving the scene of a crash that caused death is a second-degree felony punishable by 2 to 20 years in prison and up to $10,000 in fines. Serious bodily injury is a third-degree felony carrying 2 to 10 years. Any other injury is punishable by up to 5 years in prison, a $5,000 fine, or both. Even a property-damage-only hit-and-run is a misdemeanor (Tex. Transp. Code § 550.022). If probation is granted, the judge must order a mandatory minimum of 120 days in jail as a condition.
On the civil side, you now file your claim against the driver and their insurance — not your own UM policy. The fact that the driver fled the scene works strongly in your favor. Fleeing is evidence of consciousness of guilt and makes any comparative negligence argument against you much harder for the defense to sell. Juries don't look kindly on drivers who hit people and run.
Texas's two-year statute of limitations (Tex. Civ. Prac. & Rem. Code § 16.003) generally applies from the date the cause of action accrues. In hit-and-run cases, the statute may be tolled (paused) until the responsible driver is identified, since you can't sue someone you don't know. However, don't rely on tolling without consulting an attorney — the rules are fact-specific, and starting the process early preserves evidence and gives you more options.
Understand Texas's Comparative Negligence Rules
Texas's modified comparative negligence rule (Tex. Civ. Prac. & Rem. Code § 33.001) applies to hit-and-run cases. If you're found partially at fault for the crash — for example, if you made an unsafe lane change on Loop 410 and were rear-ended by a driver who then fled — your damages are reduced by your percentage of fault. If you're 51% or more at fault, you recover nothing.
In hit-and-run cases where the driver is never found, comparative negligence is less of an issue because there's no defendant arguing fault. Your UM carrier may raise it, but they have limited information about the other driver's behavior.
When the driver is found, comparative negligence becomes a real battleground. The driver's attorney will try to paint a picture where you contributed to the crash. But the fact that the driver fled undermines their credibility on fault. A jury is unlikely to blame the person who stayed and called 911 when the other driver ran.
Talk to a Personal Injury Attorney
Hit-and-run cases have layers that standard car accident claims don't. You may be filing against your own insurance company rather than the other driver's. The criminal investigation may or may not produce a suspect. The statute of limitations clock is ticking whether the driver has been found or not. And if the driver is found, coordinating the criminal and civil tracks takes experience.
An attorney can file the UM claim with your insurer and negotiate on your behalf, push for a thorough police investigation, preserve evidence (especially surveillance footage, which businesses typically overwrite within 30 to 90 days), and — if the driver is identified — pursue the full civil claim against them.
Most personal injury attorneys in San Antonio handle hit-and-run cases on contingency. No upfront cost, and they only get paid if you recover money. A free consultation tells you what your options are and what the case might be worth — whether the driver has been found or not.