Should I pay the damages to a vehicle that I hit id the accident was caused by a 3rd party?

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Should I pay the damages to a vehicle that I hit id the accident was caused by a 3rd party?

I was in an auto accident and swiped another vehicle. There was another vehicle that caused the accident by swerving into my lane, thus causing me to hit the vehicle in the other lane. The vehicle that originally swerved drove off. The other vehicle and I pulled over called the police and exchanged insurance info. It turns out there was a gap in my insurance and I wasn’t covered. Another vehicle said he did see the whole thing and volunteered and vouched that the car that sped off caused the accident. So now the insurance company of the vehicle I hit is coming after me for damages. Is it open and shut and should I pay or do I have any other options?

Asked on April 27, 2017 under Accident Law, Texas

Answers:

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

Answered 4 years ago | Contributor

Since the accident was caused by a third party, you should not pay for the property damage to the vehicle you hit.  If the third party who caused the accident is not identified, the insurance company of the vehicle you hit should proceed with an uninsured motorist claim in which the vehicle owner's insurance pays for the damage.  That insurance company can recover the amount it expended on the claim by suing the at-fault party.  The company may be going after you since you were uninsured, hit their insured's car, and the at-fault party has not been identified.
You should provide the witness' statement to the other driver's insurance company to support your claim that you were not at fault in the accident.


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