Rear Ended Accident Contuined

UPDATED: May 21, 2009

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Rear Ended Accident Contuined

she saw the other car(SUV) coming at a high rate of speed, seen no brake lights heard inpact of SUV hit Red Firebied, Firebird spinns around and around before ending up in ditch. my sister had tied tennis shoes on, it took one of her shoes off her feet. i wear glasses, i found my glasses in on the road. the Suv had liability only I had full coverage. should my insurance sue her insurance or should i sue her insurance? the SUV went to ER, my sister & I did not. I went to Dr. he wants 6 xrays, I have no medical insurance. Is there a law in Tx failure to maintainen if you rearend someone?

Asked on May 21, 2009 under Accident Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

There are a series of issues.

First keep things in perspective. Get medical attention now; if your doctor wants to take the x-rays have the doctor do so. Your policy undoubtedly contains a med pay provision that will cover medical expenses regardless of fault. (I am not a Texas lawyer so i do not know for sure.)

Second, let your insurance carrier handle the collision damage to the car. It owes you a duty of good faith and while you'll have the deductible to pay, eventually when it goes after the other driver's insurance carrier you will get it all or mostly back. That usually saves all sorts of hassle.

Third, you and your sister should each get a Texas lawyer who handles auto accident and personal injury claims ASAP. They work on a contingency basis in accident cases and generally only take cases that are worthwhile and where they can get you far more, after legal fees are deducted at the end, than you can get yourself. Our affiliate lists many outstanding Texas lawyers.

Fourth, do not talk to the other carrier's insurance adjuster. A major portion of their job is to get the cases settled cheaply and quickly so you don't see a lawyer, and to diminish or destroy any case you might bring and limit damages. Even a simple friendly answer of "Fine" or "Pretty Good" to a question "How are you today?" can come back to haunt you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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