You're Cut Off In Traffic And It Leads To A Wreck? Do You Have A Claim?

There was a sad car wreck in New Braunfels this week that led to this post.  Two older women were driving on I35 in New Braunfels near Rueckle Road when their car was cut off by a red sedan.  The driver swerved to avoid the red sedan, and eventually ended up having a wreck.  The two older women were both airlifted to University Hospital in San Antonio. 

What type of claims might the women have for the injuries sustained in the car wreck?

If they can find the driver of the red sedan, the two women would obviously have a claim against that driver. 

But if the other driver can’t be found, then the women may have a claim against any uninsured/underinsured motorist coverage that they have, but things are very tricky.  Generally, uninsured/underinsured motorist coverage, which you can purchase when you buy car insurance, will cover you in a hit-and-run accident.  But “hit” is the operative word here.  If the red sedan hit the women’s vehicle then they would be able to make a claim.

However, Texas has a contact requirement.  If the red car didn’t come in contact with the women’s vehicle, then they likely don’t have a claim on the uninsured/underinsured policy.  This exclusion is complicated and is the subject of a lot of caselaw.  Unfortunately, it’s also caused a lot of heartache for a lot of clients who don’t get to assert claims that cause them real injuries.