What is considered a hit and run?

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What is considered a hit and run?

I was on a 1-way street traveling north and began turning west onto another 1-way street while the light was green at the intersection. I was in the left hand lane. This truck who was parked against the curb in the street parking took off while I was turning and hit the rear of my vehicle. The guy looked like he was going to keep driving when I pulled over, so I gunned it to block him. He got out of his vehicle, looked at my car and said it’s not that bad. He even blamed me for the incident. At that point I called 911 for some assistance. While on the phone the guy

seemed to start panicking and wrote down his information really fast. I couldn’t read it so I took a photo of his actual insurance slip. The police said to just exchange information and either wait for an officer for a blue slip or file a report online or something. After I took the photo of his info he took off, saying I’m not dealing with your sh*t. He didn’t get any information from me at all. I took photos of damage to both vehicles and his plate number. Also, I got video of him leaving. I didn’t get to see his DL or talk to an officer with him. I called police back non-emergency number to file the report and they said they will give me a call. Is this concidered a hit and run? I have already notified my insurance and gave them the information that I had. Do I have any sort of advantage in this situation?

Asked on October 9, 2016 under Accident Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since he did allow you to take a picture of his insurance information and you know who he is, this is not technically a hit and run.  The offense you are thinking of is called 'failure to leave identifying information.'  Since he is identified by name and insurance, he can't be prosecuted in the criminal sense.  If he had fled without leaving any info, then he could be criminally prosecuted for that offense.  Even though he won't be criminally prosecuted for failure to leave info, he can still be tagged with a ticket for failing to make a safe turn or held accountable in the civil courts.
At this point, you do have a slight advantage, however, namely.... that the only person describing any facts is you.  If he fails to communicate with the insurance companies, then they will no have little option but to accept your rendition of events and pay on the claim.


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