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 www.tbls.com 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.
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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.
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