Here a question for your insurance law attorney … If a car swerves into my lane and I drive off the road and wreck my car to avoid the accident, does my uninsured motorist (UM) policy cover the damages? Answer … NO!
An auto policy includes within the definition of UM vehicle a hit and run vehicle whose operator or owner cannot be identified. This definition incorporates the Insurance Code’s requirement in Section 1952.104(3) that there be physical contact when the owner or operator of the reported UM vehicle is unknown or unidentified. This is further illustrated in the 1986, Texarkana Court of Appeals opinion, Goen v. Trinity Universal Insurance Company.
Likewise, a drive-by shooting in which there is no collision does not meet the UM physical contact requirement.