What to do if our car has been rear ended an auto accident and the person who has hit us is accusing us of at being at fault?

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What to do if our car has been rear ended an auto accident and the person who has hit us is accusing us of at being at fault?

The insurance companies are speaking/investigating but what action can I take?

Asked on June 18, 2014 under Accident Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

In a rear-end collision, the driver who rear-ended your vehicle will be held liable.  If there was a police report, it will state who was at fault in the accident and the insurance companies will rely on that police report.

If the other driver's insurance carrier denies your claim, you should file a lawsuit for negligence against the registered owner of the vehicle that rear-ended your vehicle.

If you feel that there has been an unreasonable delay on the part of the insurance companies discussing and investigating the matter, threaten to file the lawsuit for negligence against the party who rear-ended your vehicle and that should expedite matters.


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