Auto Insurance Claims: Hit and run accident, UM claim in Texas

Question
My husband was driving around a curve in the road and another car passed him along the right side of our vehicle.  This caused him to lose control and he ended up skidding and flipping our vehicle onto its drivers side.  Thankfully he was not hurt, but our vehicle was laying on it's side on the side of the road.  He was not able to get the details on the other car since it was AM and was still dark, plus after the flip he was facing the other direction.  The other vehicle did not stop and he lost his cell phone in the crash and was not able to call the police.  This happened in a very dark and isolated street.  He was not far from home so he walked home and we went back together.  This was about 45 minutes later and there was still no one in the area.  We called a tow truck and he righted the vehicle.  My husband was still under the impression that he would be able to drive it.  It was inoperable, since it was already on the tow truck, we had it towed to a nearby shop.  We called the police immediately when we got there and they came out and took a report.  We also called our insurance company (GEICO# and reported it. The person that took my husband's statement said most vehicle that are flipped are usually a total loss so they are picking it up and towing it to their salvage yard.  They state that this is covered under UIM PD and gave us a rental for 3 days.  We are in Texas and I know under Texas law they usually only pay for total loss rental for 3 days, but does that mean that even if the adjuster hasn't looked at it or determined it to be a total loss they will only have to pay for the rental for 3 days?  Also, because we moved it from the accident scene can GEICO deny a UIM PD claim for that reason alone?  I think that my husband was not thinking clearly due to accident when he thought he would be able right it and drive it home and that's why he called the tow truck.  What else will GEICO take into consideration when looking at this as a UIMPD loss?  There was no one in the area that saw what happened, there are some scrapes on the passenger side of the vehicle, but noting to identify a vehicle.  Also, how does the value of the vehicle get determined?  Our vehicle is still in excellent condition with low mileage (well, it was in excellent condition). Any help is appreciated.

Answer
Norma,

  I can see you're stressed out over this situation.  Relax.  So in Texas you may be forced to use collision coverage instead of UM coverage.  Article 5.06-1(2)(d) of the Texas Insurance Code says that "actual physical contact" must occur between the two vehicles.  Geico may let it slide, but just know they could force you to use the collision coverage, which will normally have a bigger deductible than $250.00 which the standard for Texas UM or UIM claims.  

  Look at your policy, if you have rental coverage, you can use it no matter what they decide to pay if they allow you to use the UM coverage.  If you don't have actual rental coverage, then on the UM claim, if the vehicle is totaled and not driveable, they normally only owe for rental from the time of the loss up until they may a reasonable settlement offer for cash value of the vehicle.  

  It would be unusual for a company to deny a UM claim based on the vehicle being moved from the scene, but again, not unusual to deny UM based on no contact between vehicles.  Surely, it is always better to call the police from the scene if possible, and to allow an official report before moving any evidence, just to be on the safe side, but it is a catch 22.  There are laws that require you to move a vehicle from a traffic lane as well, so acting reasonably is all that anybody can ask of anybody else.  Your case involves contract and tort law.   Contract law (what does the policy cover?)because you have purchased a contract (ins. policy) that covers your damages, and tort law (what are the reasonable damages?) because you are attempting to use UM which works like a third party claim, to an extent.

  Look us up and call us if you want a free claim consultation.  We can be located at www.pettydetailsllc.com.

Sincerely,
Justin Petty