Riders take the worst of almost every crash. When the driver who hit you speeds off, or stops but has no insurance, your injuries are just as real, but the path to getting paid changes. In Texas, that path usually runs through your own insurance policy and a coverage most riders never think about until they need it: uninsured and underinsured motorist coverage, often called UM/UIM.
Here is what to do, what to check on your policy, and the one rule that trips up a lot of hit-and-run claims.
First steps after a hit-and-run on a motorcycle
Get medical care first. Then call the police and make a report, even if the other driver is long gone. Texas law requires a driver involved in a crash that injures someone to stop, check whether anyone needs help and give reasonable assistance, and leaving the scene is a crime. A police report also becomes one of the most important pieces of your insurance claim.
While details are fresh, write down or photograph everything you can:
- The vehicle’s color, make, model and any part of the license plate
- Which way the driver went
- Names and phone numbers of anyone who saw it
- Businesses or homes nearby that may have cameras
- Damage to your bike and gear, including any paint transfer
Then notify your own insurance company. Most policies require prompt notice of a claim, and waiting can give the insurer a reason to push back.
What UM/UIM coverage is and why riders need it
Texas law requires uninsured and underinsured motorist coverage to be included in auto liability policies, and that includes motorcycle policies. It is part of your policy unless a named insured rejected it in writing.
- Uninsured motorist (UM) coverage pays when the driver who caused the crash has no insurance, or when you are hit by a driver who cannot be identified.
- Underinsured motorist (UIM) coverage pays when the at-fault driver has insurance, but not enough to cover your losses.
That second piece matters for riders. Texas only requires drivers to carry $30,000 per person in bodily injury coverage. A serious motorcycle crash can produce medical bills, lost income and long-term care needs that run far past that amount, and UIM can help fill the gap.
Check the policy on your motorcycle itself. Coverage on your car does not always follow you onto your bike, and some riders find out after a crash that they rejected UM/UIM on the motorcycle policy to save on the premium.
Hit-and-run claims: the physical contact rule
This is the rule that catches people off guard. When the driver who caused the crash cannot be identified, Texas UM coverage requires actual physical contact between that driver’s vehicle and you or your property, such as your motorcycle.
If a driver swerved into your lane and forced you off the road without touching you, a UM claim for an unidentified driver can be much harder to make. That is why evidence of contact, such as paint transfer, damage to your bike, or a witness who saw the impact, is so important to collect early.
If the driver is found later
Sometimes police track down a hit-and-run driver weeks after the crash. If that driver has liability insurance, you can make a claim against it. If their coverage is too small for your injuries, your own UIM coverage may still apply to the difference.
Your own insurance company is not on your side for this claim
It surprises people, but in a UM/UIM claim your own insurer stands in the shoes of the driver who hit you. It can dispute who was at fault, question your medical treatment and argue about what your injuries are worth.
A few things to keep in mind:
- Be careful about giving a recorded statement before you understand your claim.
- Read the policy’s consent-to-settle language. Many policies require your insurer’s permission before you settle with the at-fault driver’s company, and settling without it can put your UIM coverage at risk.
- Keep every medical record, bill and receipt.
Deadlines
In Texas, you generally have two years from the date of the crash to file a personal injury lawsuit against the driver who hurt you, though some exceptions can change that. Claims against your own insurer under UM/UIM coverage follow different timing rules, and your policy has its own notice requirements. The safest course is to talk with a lawyer well before the two-year mark.
How Patterson Law Group can help
Hit-and-run and uninsured driver cases come down to evidence and policy language, and the insurance company has its own lawyers reading both. Our Fort Worth motorcycle accident lawyers can gather the police report and witness accounts, review every policy that may apply, and deal with the insurance company for you.
Patterson Law Group is a family-owned firm with a five-star rating on Google from more than 500 client reviews, and there is never a fee unless we win. If you were hurt on your motorcycle by a driver who fled or had no insurance, call us for a free consultation.