Long story short - I was in an accident on the Highway in Houston (new to the area). I don't own a car so I don't have insurance. I rented a car to get back and forth to work. I thought I had insurance on the car but didn't. Got into a four car wreck. The guy in front of me stopped on the Hwy for a rabbit! I hit the breaks to avoid him and the guy behind me hit me, causing me to hit the first guy. After the wreck, the first guy fled the scene. Cops came and determined that everyone who hit the person in front of them was at fault. I wasn't seen as being at fault because the guy I hit was gone. No tickets issued.

Now I am having back and neck pain as well as headaches. The guy's insurance is now asking me to give a recorded statement of the event. The rental car place is calling me as well. I called an attorney today and told him the story, he's going to call me back.

My questions are:
1. Will I be liable for the damages on the rental car or for this accident since I did not have insurance?
2. Should I talk to the attorney and hire him before talking to the insurance companies?
3. Should I see if this guy's insurance will pay for doctor bills I'm sure I'll accumulate.

Thanks,

- NewInTown

gazelleintense

dont do anything until your attorney is involved. including the recorded statement. see what an attorney says first.

the other stuff im not sure about.

excon

Hello new:

1) If the guy who hit you doesn't pay, then yes.

2) Yes, I would hire an attorney now. If you do that, let him do his work. DO NOT talk to his insurance company. Your lawyer will deal with the rental car company. They should be dealing with the "guy's" insurance company anyway.

3) No, because of course they'll pay. What? You want to find out if they're happy about it? Yes, your bills will accumulate, and you won't sue until you know the final costs.

excon

Fr_Chuck

1. You not having insurnace is not an issue, you "had" libility insurnace since that is automatic with the car, to pay for the other person, but what you did not have was collission to pay for your own car and to pay for medical payments. So if the other person was at fault they should pay for the damage to the car and for your medical injuries, BUT if they don't pay and if they drag this out for years, you are liable to pay the rental car company. So yes they should pay and hopefully they will

2. I would have an attorney, esp if you are looking for payment for your injury and I would not talk to anyone without an attorney, one wrong word like "I did not have insurance" You had insurnace just not full coverage to pay for the other car, you did havve liability incase you were at fault. So just saying the wrong words can hurt a case.

3. Yes they are suppose to, but will they, that is what the lawyer can help with.

RichardBondMan

First, I am an agent not an insurance adjuster and I am not an attorney but here's how I would answer your questions but first let me make a couple of comments:
Comment 1 - Once you advise any insurance company or even perhaps the rental company that you have secured an atty, they normally will not discuss the matter with you futher. So be prepared to discuss with your atty how he be paid, either by contingency based on him recovering money for you and him getting his 30 - 40 % cut if he is successful or you pay him straight out if nothing is recoverd. Just be sure you understand what it means when or if you advise others you have an atty.
Comment 2 - I am not so sure that the car has liability insurance on it "automatically" - rather I think the rental company has liability insurance that protects THEM from liability exposures not you. I would read (or have my atty read the rental contract you signed. I think they should have offered you both physical damage insurance on the rental vehicle as well as liability insurance to protect YOU and it you declined perhaps should have you sign or intial as rejecting those coverages. I only write auto insurance in 3 states and TX is not one the 3 I write auto insurance in so I dont know the rules there in TX.
Comment 2 - It's good that you were able to stop in tme and that you were forced into the veh in front of you by the impact of the veh behind you. But people say strange things when money, insurance is involved, so don't be surprised that your recollection of the event get's twisted by others involved in the accident or by witnessses if there were any.
Here are my answers to your questions
1) No - if it all pans out that the ins company for the driver that hit you believes the details of the acc report provided by law enforcement that you were hit by him. Or it could be that the driver behind you was forced into you by the driver behind him and thus it could be that the last in the line of 4 vehicles might be at fault ? You didnt mention any details such as the driver behind you was forced into you by the vehicle behind him even though you said "the cops determined who was at fault". Actually the police never determine fault, they just write down what happened and may give an opinion of sorts as to prime contributing circumstances however courts of law and insurance companies rely heavily on their opinion but police do not determine actual fault thats has any binding legal final authority.
2) Yes, hire an attorney due to you injuries and the doubt that exists over who is pay for damages for the rental car. Here's where I differ somewhat with some others who have ansered - you have medical expenses and your final total of these may not be known for some time to come and you have the concern about which insurance is going to pay for the damages to the rental car - all this adds up to a potential loss to you that, in my opinion, should be covered by the insurance of at least one, maybe both, of the ins companies of the drivers behind you. I would give a statement to each insurance company, file a claim on both ins companies of the drivers behind you. But only give a limited "facts only" statement, no guesses as to what occured behind you, etc. - just the facts as you know them, dont mention yet you are hiring an attorney - no one will talk to you then.
3) Yes and I suggest letting your atty submit the bills to insurance company or perhaps both insurance companies as he deems fit..