Expert: Anne - 12/30/2007

Question
I forgot to pay my auto insurance so I had no coverage.  I was hit from behind at a yield sign.  The other driver was from New Mexico and called his insurance company on the spot.  This was in Texas and we did not call the police after he was finihsed talking to his insurance.  I was thankful my truck would have been towed.  The rear bumper is cracked and bent and now I an having middle back and shoulder pain.  I am hoping the pain is just soreness that will go away.  My question in all this is in Texas do I have any rights ... the accident was not my fault and I was hit from behind, but I had no insurance coverage of my own.  What should my next steps be from here.  And FYI I called and made my payment and got re-instated that same evening for auto insurance.

Answer
Hello Mari,

I am sorry to hear about your accident.

All insurance and/or traffic laws and violations go according Texas law.

You have a right to get your vehicle repair and your medical bills paid. You also have a right to be compensated for general damages (pain and suffering).

The other party's insurance company will be able to fix your car as soon as they determine fault (sounds clear but they need to do an investigation).

However, your medical bills are a different story. Texas does not require advance pay in medical bills. What this means is that the insurance company will not pay any medical bills until you are ready to settle for all injury damages.

If you are hurt in such a way that you have to go to the doctor for special treatment, you are going to have out of pocket until you feel better. It could take a while before your medical bills get paid, and some providers do not like that. (if you have insurance, your insurance company would have paid those and then get the money back from them).

First step, contact the other insurance company and tell them about your injury (if you are going to the doctor).

From there, you can settle once your feel better, so it depends how long until that happens.

Good Luck,

C.Q.
http://www.auto-insurance-claim-advice.com