Expert: Bennie719 - 5/3/2008

Question
I was recently rearended while at a stop sign waiting to turn left onto a road with 2 lanes of traffic travelling both directions. As I prepared to turn someone rearended me into the first lane of traffic and I clipped a car that was in the second lane of traffic, the driver who rearended me took off, the front right side of my car was damaged pretty bad, while the car I clipped had minimal damage on the rear passenger door and the right rear fender. A policeman showed up, and then left as I and the other driver were already exchanging insurance info and asked if we wanted to file a report. Neither I nor the other driver thought it necessary...BUT, what happens now? Since the damage to my car is much worse than the other car, and I only have liability and the other driver has full coverage, what can I expect from my insurance company or his? I live in Texas. THANK YOU!

Answer
Hi Heidi,
I'm sorry to learn of your situation.
You should have had the police officer make a report to ascertain the fact that you were rear-ended by a hit and run driver that pushed you across lanes and caused you to clip the other car.  This would have served the purpose of allowing your insurance company to deny any claim presented by the party that you clipped.

You need to make a report to your own company so they can inspect and photograph your car in the event the car that you clipped files a claim against you.  They will also need to file a report with the Texas department of motor vehicles showing proof that you were insured at the time of this accident.

Your legal right of recovery is against the car that rear-ended you.
Since the identity of that party is unknown and you don't carry collision, your own insurance company will provide no monetary assistance in repairing your car.

I hope this information is found to be helpful.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area