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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My wife got into a car accident. The front right corner of

Customer Question

My wife got into a car accident. The front right corner of the car hit the left side of a truck because the truck swerved. A police report was filed but it seem to read that car 1, my wife, hit the truck. Not the other way. Anyway, while reading the report, we notice that the trucks insurance expired last year. Should i contact my insurance and file a claim or should contact the truck's insurance and file a claim?
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.

Zachary D. Norris :


Zachary D. Norris :

I'd be happy to help you.

Zachary D. Norris :

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TexLaw and 3 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Please respond
Expert:  TexLaw replied 5 years ago.

Unless the police report assigns fault to your wife, then it shouldn't control the outcome of an insurance claim. Nevertheless, the fact that your wife did hit the truck from the rear may weigh in the investigation. In the end, it will depend on whether the truck driver accepts responsbility. If not, then there could be a dispute over who is liable for the claim.

That being the case, you should submit the claim to your insurer. You should inform your insurance company's claims agent that you believe that the driver of the truck is at fault, but that the truck does not have insurance. This will trigger your uninsured motorist coverage. Since you believe that the other party is at fault, but they are uninsured, your insurance company should handle a claim against the truck. Make sure and stress to your insurance company that the wreck was not your wife's fault, and was the trucker's fault.

Best of luck,
Zachary D. Norris