What can I do if a car hit me from behind, however their insurance company is saying that I am at fault?

UPDATED: Jun 3, 2014

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What can I do if a car hit me from behind, however their insurance company is saying that I am at fault?

They were at fault and I do not have insurance coverage (I am not on my parent’s policy and it was their car I was driving). I have tried calling the insurance company to try and clear this up but I could never get a hold on anyone. I have now received a letter from a subrogation department asking me to pay up. How can I resolve this?

Asked on June 3, 2014 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The insurer is NOT a court, and their opinion does not have the force of law. Since the rear driver is almost always at fault (the law generally considers, except in unusual or special circumstanes, that it was his/her duty to maintain a safe following distance and pay enough attention to brake), you can sue the other driver to recover any costs, losses or damage of your own as well as any amounts you may have to pay others. You can also refuse to pay the subrogation department and force them to sue you to get money; in that that suit, not only could you defend yourself by providing evidence, reports, and testimony that you were not at fault, but if you hadn't previously sued the other driver, you could join the other drive in the suit and put in a claim against him or her.,

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