I was rear-ended into another vehicle. What course of action do you recommend?

SPC Alejandro Martinez — Sun, 16 Jul 2017 19:38:11 -0400

As I was driving during evening rush hour in Austin, TX, the vehicle in front of me stopped suddenly; so, I slammed on the brakes and avoided a collision, but the driver behind me either did not have good enough brakes or was not paying attention and sandwiched my car between his and the vehicle in front of mine. We all have insurance but my car is my livelihood. What do you recommend I do?

Response by Capt Private RallyPoint Member made Jul 16 at 2017 7:41 PM

Capt Private RallyPoint Member — Sun, 16 Jul 2017 19:41:47 -0400

It happened to me. My insurance company took care of the whole mess. There wound up being 5 cars involved.

I paid my deductible under my collision and about six months later it was reimbursed.

Response by Capt Private RallyPoint Member made Jul 16 at 2017 7:49 PM

Capt Private RallyPoint Member — Sun, 16 Jul 2017 19:49:11 -0400

Make sure there is a police report.

Response by Capt Gregory Prickett made Jul 16 at 2017 8:02 PM

Capt Gregory Prickett — Sun, 16 Jul 2017 20:02:35 -0400

You need to make sure that there was a police report, and from there, it depends on what the report says and how your insurance company reacts.

A lot of attorneys that handle PI will do a free consult, so you can try that also.

Response by SSG Private RallyPoint Member made Jul 17 at 2017 12:29 AM

SSG Private RallyPoint Member — Mon, 17 Jul 2017 00:29:44 -0400

Call your insurance company and get your vehicle repaired. I hope that you got a police report. This is what you pay your insurance for.

Response by CPT Lawrence Cable made Jul 17 at 2017 9:39 AM

CPT Lawrence Cable — Mon, 17 Jul 2017 09:39:20 -0400

Get a copy of the police report, it should list the driver that rear ended you as at fault. Even in a no fault state, you may be able to get the offending drivers insurance to pay for a rental vehicle while yours is being repaired, or replaced if totaled. Make sure that you keep any medical records associated with the wreck. While I have dealt with Tricare for a couple of decades, most health insurance companies will want to get reimbursed if the other driver was at fault.
If the insurance companies are balking at paying your claims, then consider getting legal help.

Response by SPC Private RallyPoint Member made Jul 17 at 2017 5:14 PM

SPC Private RallyPoint Member — Mon, 17 Jul 2017 17:14:44 -0400

Contact your insurance company immediately, get a copy of the police report if there is one, take pictures of the front and rear damage. Down the road if you are capable of getting them, a front and rear mounted collision camera, I'm looking into getting them for my vehicle.

Response by PO1 Brian Austin made Jul 17 at 2017 5:40 PM

PO1 Brian Austin — Mon, 17 Jul 2017 17:40:21 -0400

It happened to me. I was rear-ended in a hit and run while at a red light by a drunk illegal immigrant and pushed into the car in front of me.
My insurance company took care of everything, including a rental car.
Be sure to get with your insurance company asap and get a copy of the police report.

Response by SPC David Hannaman made Jul 17 at 2017 5:51 PM

SPC David Hannaman — Mon, 17 Jul 2017 17:51:21 -0400

Did you get the insurance information from the guy that rear ended you? He is at fault, his insurance pays.

I would contact them and ask if there are repair shops that work with them.

In other words set the expectation that they will do the right thing, and keep the TX Department of Insurance phone number in your phone... trust but verify.

Response by SFC Private RallyPoint Member made Jul 17 at 2017 6:15 PM

SFC Private RallyPoint Member — Mon, 17 Jul 2017 18:15:17 -0400

I agree with the others. Your first step is to contact your insurance company and talk to a qualified professional!

Response by Cpl Justin Goolsby made Jul 17 at 2017 7:07 PM

Cpl Justin Goolsby — Mon, 17 Jul 2017 19:07:50 -0400

Copy of the police report, notify your insurance, get photos right away, notify someone in your Chain of Command, and hopefully your insurance company will take care of the rest.

Response by SFC Private RallyPoint Member made Jul 19 at 2017 10:09 AM

SFC Private RallyPoint Member — Wed, 19 Jul 2017 10:09:24 -0400

you better have all parties insurance info so I would go after the person that hit you, obviously he/she was following too close so that puts them at fault. it also sounds like you might of been a little too close your self to the vehicle in front of you. I hope you have police report to back you up.

Response by SPC Alejandro Martinez made Jul 22 at 2017 8:48 AM

SPC Alejandro Martinez — Sat, 22 Jul 2017 08:48:55 -0400

Police report backs me up. Insurance is aware, has declared my car totaled, and is buying my car. I am thankful to God and glad I had gap. So far, I have not felt sore except for the immediately following two days. My elderly friends say get checked out anyway. Is the VA recommended for doing post-car-wreck physicals, or would you go elsewhere, and where? As a person already with anxiety disorder, what should my next steps be?? My days with the rental are numbered and I have no car. Now what?

Response by Lt Col Jim Coe made Jul 22 at 2017 9:59 AM

Lt Col Jim Coe — Sat, 22 Jul 2017 09:59:14 -0400

Hopefully the police were called. If not you are required to file an accident report in most states if the dollar amount of the damage exceed a certain amount, often $1,000, or if there is personal injury. If there was a police report, get a copy. Call your insurance company as soon as possible. The guy in front of you will probably file a liability claim against you. You can file a liability claim against the driver who hit you. The good news is that most good quality insurance companies, such as USAA, will assist you with resolving the claims by and against you. Often they will employ their lawyers on your behalf. Finally, DO NOT sign any release from any insurance company until you are sure you and none of the other people involved were injured and that the dollar amount awarded to you will satisfy your claim. If either of these conditions are not met, consult a lawyer.

Response by CW3 Private RallyPoint Member made Jul 24 at 2017 11:56 AM

CW3 Private RallyPoint Member — Mon, 24 Jul 2017 11:56:40 -0400

Did you file an accident report with the police? If not, it shouldn't matter if the rules are the same as California (which I think they may be in TX--or at least similar). You should have exchanged information and filed a claim with your insurance company in which case they will investigate further and determine who is liable between the insurance providers. Tell them what happened. Typically those who rear-end vehicles are found to be a fault 90% of the time unless additional factors can be proven (such as the lead vehicle brake-checking someone, which is illegal). The idea behind that is that even if a vehicle in front of you slams on their brakes, you should be far enough behind that vehicle and going a speed that allows you to still stop safely without hitting. Based on what you just said, if you were rear-ended but didn't hit the guy in front of you, most likely you will not be deemed at fault.

Source: Me (many years of law enforcement to include over 10 years as a patrol officer conducting traffic collision investigations and vehicle code violations in California. Also a graduate of CA POST Certified Traffic Collision Investigation School).