Car accidents can be scary and overwhelming. If you're not injured, perhaps your car is, and you need to share information with the driver of the other vehicle for insurance purposes. If the other driver refuses to share the necessary information, this makes a bad situation worse.
Although the only information you should share is your name and phone number, your insurance company’s contact information (this information should be on the insurance card), and the type of vehicle, you may encounter someone who refuses to share this information.
So, what to do if the other driver refuses to share insurance? Don't overact. Don't panic. If the driver of the other vehicle is at fault and refuses to give you their insurance information at the scene of the accident or shortly afterward, that doesn't necessarily mean you're stuck with the bills.
Here is what you need to do if the other driver refuses to share insurance.
Be Calm
Remaining calm cannot be stressed enough. Emotions run high when you've been in an accident, you may have injuries, and your vehicle is damaged. And when one party does not want to cooperate, that can cause emotions to run higher.
Don't get into an argument, and don't get into a physical altercation - that will only make things worse. And it's not worth it. If the other driver refuses to share insurance, walk away.
Call the Police
Once you've walked away, call the police. Don't call the police in front of the driver of the other vehicle, and don't let them know you're calling the police (again, this can lead to hostile action on their part).
If there were no injuries and the vehicles weren't damaged, it may be okay not to call the police. However, it's normal to call the police when you've been in an accident. Be sure to let the police know the driver refuses to share their insurance information. The police may inform you on what to do next in this situation.
Once the police show up, be sure you get a copy of the police report to give to the insurance company, and if, in the future, you'll need to take the other driver to court. The police report will document whether or not the other driver refused to share insurance information.
Get It on Video
With the advent of smartphones, photos and video recording has become very popular. If you're in a car accident, you can start recording from the beginning. If you're recording and the other driver refuses to share information, you have it on record, and it can be used as documentation for the insurance company and the courts - if it goes that far.
However, if the driver refuses and you want to record it for evidence, be wise. Don't threaten the driver with recording it, or pull out your phone in front of them and start recording. Again, you don't want to make things worse.
If you can record without them knowing it, go ahead. But if you can’t, as the saying goes - don’t add gasoline to the fire.
Gather Information
If the other driver refuses to share information, gather as much information as possible. Write down or take pictures of their license plates and vehicle. The police and the insurance company can track down the driver.
If there were passengers in the other vehicle, write that down. Take a picture of the scene and the area where the accident occurred. If you can't take a picture, write down as much information and details about the accident, preferably before you leave the scene/area.
Be sure to note the directions each vehicle was traveling, the approximate speeds of each vehicle, and any other pertinent information like traffic signals, lights, heavy traffic, etc. Provide this information to the police and the insurance company.
Take Photos
As mentioned before, almost everyone has access to a camera with the arrival of the smartphone. Many people get into an accident and can't remember the details. Take photos.
Pictures will show the insurance company what you may not be able to explain regarding damage to your vehicle. Photos of the scene and the area will also help the insurance company and the police understand what happened.
Contact the Insurance Company
The second call you make after calling the police should be your insurance company. Let your insurer know the other driver refuses to share their information. If you’ve taken down the driver’s license plate and type of vehicle, the insurance company can start working on finding out information about the driver.
Who’s Responsible for Paying?
So, what to do if the other driver refuses to share insurance? Who is responsible for paying? If you live in a no-fault car insurance state like New Jersey or New York, your own insurance starts as the primary insurer for any accident, regardless of fault. But don’t be pressured into letting the other driver not report the accident or attempt to pay you out of pocket. And, don’t assume the insurance company will fairly compensate you for your damages without complications.
In other states, whoever caused the accident is the one who is legally obligated to pay for the damages. If the driver of the other vehicle is liable, your insurance company may go ahead and pay your damages and go after the driver in court.
Contact Brandon J. Broderick, Car Accident Attorneys, to Understand Your Options
As the victim of an auto accident, you deserve to get the maximum amount of compensation for the expenses involved. The key reason to reject another driver’s offer for compensation outside of the claims process is that it’s highly likely you could be under-compensated for your losses. If the other driver fled the scene or refused to share information, we can explain your options for compensation. At Brandon J. Broderick, Attorney at Law, our car accident lawyers help our clients get back on their feet through compassion, legal expertise, and a commitment to client care. Contact us today for a free consultation.