We all know that when you get into a car accident, the first step is to exchange personal information with the other driver. But what if the other person starts getting defensive and refuses to give their insurance details? This is a tricky situation, but you need their insurance information to help cover your damages. If the damages are significant enough, you may need the help of an accident attorney.
If you want to learn more about what to do in this situation, Compass Law Group is ready to help. We’ll tell you everything you need to know about the legality of refusing to give out insurance information, as well as what you can do in this situation to make sure you still get your cold, hard cash.
Is It Illegal to Refuse to Give Insurance Details in California?
The short answer is yes. California law requires all drivers involved in an accident to provide their insurance information to the other drivers as well as the police who arrive on the scene. Failure to do so could result in legal action such as pressing charges, paying fines, and spending time in jail. If you’re in a car accident, it’s best to share insurance information without the fuss.
There are a multitude of reasons a driver is refusing to give insurance details. While it can be frustrating to deal with, perhaps knowing the cause can help us better understand the behavior. Common reasons a driver may be resistant to giving their policy information include:
- They don’t have that information on hand.
- They were driving under the influence of substances.
- They don’t want their insurance premium to go up.
- They don’t have any insurance.
- Their coverage is below the legal limit in the state of California.
- They have an invalid or expired car registration.
- Their driver’s license is invalid.
California has seen a gradual increase in hit-and-run accidents in recent years, and they’ve put laws in place to help combat it. One of these laws states all of the information drivers are legally required to provide in the event of a car accident, and failure to do so could result in legal repercussions such as jail time or fines. This information exchange includes:
- Full Name and Address
- Car Registration and Identification Number
- Driver’s License Number
- Insurance Policy Number and Company Information
Getting into a car accident is scary enough, but it’s even more stressful when someone involved doesn’t want to cooperate. Knowing what to do in this situation helps you prepare in the event it happens to you. Here are some basic steps you can follow after a car accident if the other driver refuses to provide their insurance information:
- Stay Calm and Safe: If you feel yourself getting frustrated or upset, take a moment. When you stay calm, you keep yourself safe and help the process run smoother. Pull over to somewhere safe away from traffic and take a deep breath.
- File an Accident Report: Work with the police on the scene to file a report. Stick to the factual events that happened, and be as detailed as possible.
- Collect Evidence of the Accident Details: This can include photos and videos of the scene, your car, the other cars involved, tire marks on the road, and any other little detail that can help piece together what happened.
- Get Witness Information: If any witnesses saw the accident happen, get their contact information and detailed testimony. This can be used later when compiling your claim.
- Inform Your Insurance Company of the Accident: Contact your insurance company and report the accident. Let them know the other driver is uninsured and work through the next steps with them.
- Consider Hiring a Personal Injury Attorney: If you want some additional help filing your claim, a personal injury lawyer in California can help you with the process. They have the insight and skills to make sure your claim is solid and you get the compensation you need.
- Use Uninsured Motorist Coverage: If you have the coverage, file an uninsured motorist claim. This ensures you get at least partial compensation for the damages rather than paying for them entirely out of pocket.
What Is Uninsured or Underinsured Motorist Coverage?
Based on your insurance policy, you may get partial compensation for the damages from your own insurance company. The specifics vary depending on whether you have uninsured and/or underinsured motorist coverage.
- Uninsured Motorist Coverage: This type of coverage will cover part of your expenses in the event the other driver doesn’t have an insurance policy of their own.
- Underinsured Motorist Coverage: If the other driver’s insurance isn’t enough to cover all of the expenses, this coverage will fill in the gaps and help pay the remaining expenses.
Consult With a Skilled Car Accident Attorney at No Cost
Dealing with an uninsured driver after a terrifying car accident can feel overwhelming, especially when you’re bickering with your insurance company over the phone. Luckily, Compass Law Group, LLP is here to help! Our team of experienced car accident attorneys in LA will fight for the justice and compensation you deserve.
Our firm works on a contingency-fee basis, meaning our services are free unless we win your case. Schedule a free consultation with one of our experts to begin the process and get you on the road to success.
FAQs
Are there penalties for refusing to disclose insurance information?
Yes! A driver cannot simply refuse to give out their insurance information without facing repercussions. California law requires all drivers involved in a motor vehicle accident to provide their insurance information to the other drivers as well as the police on the scene. The penalty for not giving insurance details can include legal action and potential criminal charges.
Can my insurance help if the other driver doesn’t have insurance?
If the other driver involved in the accident doesn’t have car insurance, your insurance may help cover the expenses. Whether or not they will and the exact amount depends on your policy and what coverage you’re paying for. If your policy has uninsured motorist coverage (UM), your insurance will help cover the expenses from the accident.
Can I still get compensation if the other driver is uninsured?
Yes, you can! Uninsured motorist coverage (UM) allows you to file a claim with your insurance to receive financial compensation if the other driver doesn’t have insurance. You could also attempt to sue the other driver for compensation, but that may not be worth the effort if they have no means to pay the expenses.
What happens if I don’t have uninsured motorist coverage?
If you don’t have uninsured motorist coverage, and the other driver doesn’t have insurance, then you may be financially responsible for the expenses related to the accident. This means you will have to pay out-of-pocket for all of your medical expenses, car repairs, and any other expenses that resulted from the accident.
Can I sue an uninsured driver for damages?
While you can, it’s not always recommended. A driver without car insurance may not have the means to pay for the accident-related expenses. So you could go through the whole legal process, including paying all the fees, and still walk away without any compensation. Talk to a personal injury law firm in California to go over your options and see if suing is the right move.
What penalties might the other driver face for not having insurance?
Driving without insurance in the state of California can result in criminal charges, license suspension, and a hefty fine. With penalty assessment fees, this fine could quickly reach over $1,000.
What if the other driver gives me outdated insurance information?
If the other driver provides insurance information but you find out later it’s invalid or outdated, report the incident to your insurance company. They can do some more digging and advise you on whether or not you should file an uninsured motorist claim. You can also contact a personal injury attorney to go over your options and decide on your next steps.
