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Rear ended by a driver who my insurance company can not find-what do I do now?

Rockville, MD |

I was on the Ramp 270/RT 355 split and was merging into the right lane. The car gave me space and as I merged I was rear ended by a vehicle that was driving by causing me to hit the driver in front of me and that car hitting the car in front of it. Police were called, no one got a ticket, & I have liability on my 2009 dodge. GIECO says the car that hit me is at fault as my whole bumper is gone, & there is minimal damage to the car I was pushed into. The driver who hit me has not reached out to me, the information she gave the police, (insurance carrier and owner of vehicle) are not correct, and it has now been 6 days since the accident GIECO says they are trying to reach her with no response, & my car is just sitting on my driveway and has not been seen. What do I do now? Seen doctor

Attorney Answers 10

  1. You need to contact a lawyer who will help you file a claim under your policy for UIM. This is coverage that is included in your policy and that you have paid for. You are entitled to make a claim for your injuries and damages.

  2. You should contact an atty. Mult car cases are tough to resolve without an attirney. Plus you may need to sue on uninsured motorist coverage as well

  3. You have two separate claims. It does sound like the car in the rear is primarily at fault and would be liable to you for property damage and bodily injury.

    For the property damage, if you have collision coverage with GEICO or uninsured motorist property damage coverage, your own policy may cover the property damage. However, if you do not have coverage in your own policy, your options are limited to pursuing the liable individual. If you cannot identify the individual, it would be difficult to sue them. If you can identify them you can sue them, but unless there is insurance, collecting any damages may be difficult.

    For your injury claim, you are entitled to medical expenses, lost income and pain and suffering caused by the incident. Again, if you have uninsured motorist or medical payments coverage in your policy, you can make a claim for these losses. Otherwise, you are stuck with whatever you can recover from the at fault individual

    Good luck.

  4. You should get an attorney to handle the case for you. An attorney can help track down the responsible party, investigate the claim, and maximize your recovery.

    If there is a police report, get it right away. This will have the name and address of the other driver. An attorney will be able to try to track down the driver and their insurance information. MVA records will help. Your attorney can then make a claim against the insurance company for the other driver. If for some reason, there is no insurance for the other driver, you can make an uninsured motorist claim against your own carrier.

    If you have collision coverage, you can get your car fixed by your insurance company. You will have to pay a deductible, but will get it back when your insurance company subrogates against the other driving assuming they are successful.

    If you have PIP coverage, you can use this for medical bills and lost wages. This has no effect on the liability claim against the responsible party. Make sure you get the medical treatment that you need.

    This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed as arising out of an attorney-client relationship. If a client needs specific legal advice or opinions, he or she should retain counsel for advice or to undertake representation.

  5. It sounds like you have a strong claim against the driver and/or owner of the vehicle that hit you. If the at-fault driver gave false information and cannot be located, you may be able to make a successful claim against your own auto policy's required uninsured/underinsured motorist coverage. You may want to take your car to a body shop that does free estimates to document the property damage you sustained in the accident. If you were injured, I would retain legal counsel immediately.

    This Answer does not constitute legal advice, nor does it create any type of attorney-client relationship. This Answer, being freely made available to the public, does not constitute a privileged attorney-client communication, nor is it an attorney work-product. Instead, this Answer provides general information in response to a general question, as published on a public message board. This Answer may contain incorrect or inaccurate information. If you are seeking legal advice, consult with an attorney privately.

  6. Consult with an experienced MD personal injury attorney who can sort out the coverages and determine the best way to proceed.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.

  7. If it turns out that the wrongdoer does not have insurance (which is likely since she gave the wrong information to the police) you should be able to get your car fixed by GEICO through your "uninsured" motorist coverage." If you are hurt, you will also be able to obtain compensation through your "uninsured motorist coverage." Unfortunately, this is fairly complicated and you probably will need a lawyer to help you navigate this. I would recommend that you contact a highly rated AVVO lawyer.

  8. I'm sorry to hear that this happened to you. There are additional facts that would be necessary to help you, but as others have said, you should consult a personal injury attorney as soon as possible. You can use Avvo's "Find a Lawyer" tool to look for one in your area. Also, make sure you continue getting any medical treatment you need. Missing the medical care you need could limit your physical recovery, and gaps in treatment can harm your case.

  9. If you have the license plate number on the vehicle that hit you, then the MVA can provide the current insurance information on file for that vehicle (if the owner let the policy lapse, then by law the insurance company has to immediately notify the MVA and the car's registration would have been suspended). If you are injured, hire a personal injury lawyer and turn this matter and its attendant headaches over to a professional to handle for you. Such cases are handled on a contingent fee basis, which means the lawyer's fee is paid out of any injury settlement against the at-fault driver, and you do not pay out-of-pocket. There's no fee if there's no recovery. As for your property damage, if you have collision coverage, then have Geico adjust and pay for the damages; otherwise, you will have to wait until you confirm the other driver's insurance information. There remains the possibility that the other driver blames you for the accident, perhaps based on an allegation that you stopped in traffic while trying to merge into the right lane, blocking the through traffic in the lane you were merging out of, in which case your claim may be denied. That would mean a law suit will be necessary to determine who was at fault.

  10. If the driver cannot be located, you will need to make a claim under your insurance policy's "uninsured motorist" provision ("UM") based on the theory of a phantom motorist. You should retain an attorney to handle any claim or lawsuit that you intend to make in a case like this.

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