Rear ended on freeway

alfonso.salgado · #1 10-12-2006, 12:06 PM

What is the name of your state? CA

I was rear ended on the freeway back in May of this year. There were no injuries to either party. I was driving an SUV, other driver was driving his girlfriend’s car (she was a passenger). Most of the impact was on my bottom right side of my bumper. There was very minimal damage to my vehicle. Other car had major damage. After pulling over I asked the other driver what happened, initially he could offer no explanation. There were 3 other passengers in his car. We asked them for an explanation but they stated that they were all asleep. They were coming back from an amusement park and had traveled a lengthy distance. He stated he was from out of state and he did not have his insurance info on him. He gave us his contact info and out of state license. He stated that he would be in contact with me to provide his insurance info. I provided my info. I was going to contact the police for a report, but he asked that we not, and I reluctantly agreed since there was almost no damage to my vehicle.

Later in the week I was contacted not by the driver but buy his insurance company. I had not yet reported the accident to my insurance since we had agreed that I would wait to hear back from him. I actually had not intended on reporting it since there was almost no damage to my vehicle. At any rate, my SUV had just been purchased the month before and due to an oversight on my part I had not added the SUV to our policy so there was no coverage at the time of the accident. I am now receiving subrogation notices from a third party seeking well over $3,000.00 for the damages paid out to the claimant.

I do concede that I did not have insurance coverage. However, I do not feel that my lack of insurance was the cause of the accident. I do not feel I owe them any money at all. Is there anything I can do?What is the name of your state?What is the name of your state?

moburkes · #2 10-12-2006, 12:15 PM

Just because you didn't add the SUV to your policy doesn't mean that there wasn't coverage. Coverage is extended, usually by law (don't feel like looking it up right now), and, even if not by law, by your insurance company automatically, especially for liablity. Coverage extending for collision requires some additional stuff. However, have you contacted their insurance company? Generally, when you are rear ended, you are not at fault. Contact your insurance company, and explain what happened. They will, at least, defend you.

ecmst12 · #3 10-12-2006, 12:51 PM

And even if there WAS no coverage, it's highly likely that you were not at fault for the accident. So you don't owe them squat. You should talk to their insurance company though and give them a statement of what happened. Don't mention that you may not have had coverage. It's possible that their insured totally lied to them about what happened.

alfonso.salgado · #4 10-12-2006, 02:26 PM

Thank you for the feed back. I have already have contacted my insurance and they have stated that they may be able to represent me in any forthcoming lawsuit. I have also written both the third party and the others drivers and insurance and have provided statements stating the facts of the matter. I have also expressed my denial to any fault regarding the accident. I am almost certain the other party involved did deviate from the truth.