Is my daughter’s broken foot covered under uninsured motorist for an accident in which the driver of the car that hit her fled?

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Is my daughter’s broken foot covered under uninsured motorist for an accident in which the driver of the car that hit her fled?

My daughter was hit while driving (not at a stop) which caused her to rear-end the car in front. The driver that hit her fled the scene. Her car sustained very minor damage (small dent) in back but the rest of her car had a lot of damage and was totaled. She broke her foot in the accident. The police report clearly states that the car behind her caused the accident and was at fault. The insurance is denying the uninsured bodily injury claim stating that her injury was caused by her hitting the care in front and not from the hit she received from behind.

Asked on August 2, 2011 Texas

Answers:

Richard Weaver / The Weaver Law Firm

Answered 9 years ago | Contributor

You should call a personal injury attorney in Texas as soon as possible.  Attorneys can represent clients on a case on a contigency basis, where you do not have to pay unless they recover something for you. Feel free to call visit us at www.WeaverLawyers.com

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Oh my goodness.  This type of question and fact situation is the type that gives rise to a complete HATRED of insurance companies.  Please, please, please get yourself an attorney in this matter as soon as you can.  It really should not matter when she broke her foot in the accident as the car behind her was the one that caused the accident and out the wheels - excuse the pun - in motion in the first place.  And the whole idea of carrying uninsured underinsured motorist protection is to protect you from having to deal with it.  The insurance company has a right to subrogate your claim and sue the car is front - who really has no liability - if they so choose.  Please get an attorney.  Good luck.


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