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Got rear ended but person at fault claims that there's a third car who hit her & ran off? do i need a lawyer to settle?

Killeen, TX |

can't confirm if there was a third car. not sure about witnesses now. police was called in the scene and he gave my mom a blue form to fill out while I was taken to the ER by EMS. I didn't realized that there was no police report only a "Call Service Report" was done provided for me when I went to the police station last week. insurance co. has been telling me that they've had a hard time getting the police report. now i know! it's been 3 weeks since it happened. it's so frustrating.

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Attorney answers 5


This is common in multi car collisions, the driver that hit you claimis to have been pushed into you. The biggest risk here (worst case senario) is that the insurance company for the person who hit uses that excuse to deny liablity and plame everything on the "phantom" vehicle. Despite lack of physical evidence, many insurance companies will do that very thing. If that happens, the insurance company for the car that hit you will deny liablity and refuse to voluntarily pay you.

Since these things may be at work, you really should consider counsel and stop speaking to any insurance company without counsel. Don't give a statement to yours or the other driver until you have a better understanding of whether or not the facts will support a phantom vehicle being involved. Call a board certified personal injury lawyer who handles auto cases in your area. Many are listed on AVVO, or you can look at which is the website for Board Ceritifed lawyers in Texas.


In short, legally you don't but professionally you should retain a lawyer. I am not sure whether you are just trying to get your car repaired or whether anyone in your car was injured. If your car was damaged and you had comprehensive insurance coverage on your car, you can ask your auto insurance company to repair your car and they will seek reimbur5sement from the one who caused the collision. If that doesn't work or apply, go visit an attorney and get their assistance.

If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at and Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at


You should contact a personal injury attorney in the central Texas area to help you sort it all out. The insurance company isn't likely to be very helpful to you. Remember, it is the adjuster's job to either not pay or to pay as little or possible on the claim. As Mr. Madison mentioned, if you have comprehensive coverage on your auto, you can get your property damage paid for from your insurance company and they will then seek recovery against the other insurance company for reimbursement. If you have Personal Injury Protection on your policy, then you should go ahead make a claim under that coverage. Again, in a situation like this, you'd likely be best suited to go ahead and allow an attorney to handle the claim for you. This will also take the stress of all this off your shoulders and allow you to focus on getting better.


While I cannot give you legal advice in this forum, I can provide some general information that may be useful.

The law does not require a competent adult to have an attorney to settle an auto accident case. However, if there were injuries, it would be wise to hire a personal injury attorney.


It is not completely uncommon for a "third car" to cause a rear end collision, and unfortunately it is not unheard of for a negligent party to make up a story of a "third car." Every car crash that I've handled in the Killeen where the police and EMS have been called has always resulted in a police report being prepared. You should first seek appropriate medical treatment and then meet with a personal injury attorney.



thank you. since you have mentioned about Killeen in particular, why would a police not do a police report in an auto accident/incident? I really don't remember how many police cars were there but my mom told me that there were more than 2.

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