What Can You Do If Someone Refuses to Give You Their Insurance Information?
Uncategorized |March 24th, 2023
According to the Insurance Research Council (IRC), In 2019, about one in eight motorists in the United States were uninsured. This means nearly 12.6% of road drivers don’t have insurance coverage, which can be a problem for those involved in a car accident.
While getting the other driver’s insurance information is essential for filing a claim and getting compensated for damages or injuries, there are situations where drivers refuse to provide their insurance details. Besides lacking insurance coverage, some drivers may refuse to share their information because they don’t want their insurance premiums to increase or get sued for injuries or damages.
Why Is It Important to Get Insurance Information?
Car accidents can leave those involved disoriented and unsure of what to do. However, one of the most vital things to do is to gather as much information about the accident as possible, including insurance information. So, what insurance information should be collected?
Driver’s name
Phone number
Insurance provider
Type of coverage
Address
Some reasons to get the other party’s insurance information include the following:
Filing an insurance claim
If an accident victim believes they are not at fault, they can use the other driver’s insurance details to file a claim with their insurance company. Although the procedure of filing an insurance claim varies, try to call their companies or fill out an online claim reporting form.
Determining fault
Insurance information can help both parties’ insurers figure out who was at fault. For instance, the companies might assess both drivers’ prior insurance claims and driving records to see if there is any pattern of reckless driving. They may also review the drivers’ policies to determine the extent of their liability and coverage limit.
Contact the other driver
Insurance information makes it easier to contact the other driver after a car accident because the information shared includes the other party’s phone number.
Protecting yourself
Sometimes the other driver may try to dispute facts about the accident or even deny responsibility. Their insurance information helps build a solid case against them.
Potential Legal Avenues
Legal avenues or options allow individuals or entities to seek redress or resolve disputes for harm caused by others. In Louisiana, if the other driver refuses to provide their financial information after an accident, a few measures can be taken. Here are some potential legal options:
Call the police
Drivers in collisions should call the police immediately after an accident, particularly if the other party refuses to provide their financial information. Under the Louisiana driving law, drivers involved in car accidents are required to report the incident to local police. Since the law is against leaving the accident scene after a car accident, stop, and call the police.
Take photos and videos
Accident victims should take photos and record the accident scene using their smartphones or cameras. For instance, take photos of the at-fault car’s license plates, damages to both cars, and any other property damage. If the other driver flees before you have gathered such crucial information, you will probably be liable for damages and injuries.
Contact your insurance company
If the other driver refuses to share their insurance information, get in touch with your insurance company and report the incident. Even when the other party’s details aren’t available, the company can start the claim process and investigate the incident.
Seek legal representation
A car accident attorney can help investigate the accident, negotiate with the other driver, or gather more evidence to build a strong case. Such attorneys know Louisiana’s traffic laws, insurance laws, and other car-related regulations. As such, they can help accident victims understand their legal rights and options.
Filing a Complaint With the Louisiana Department of Insurance
The Louisiana Department of Insurance (LDI) is the regulatory agency that oversees Louisiana’s insurance industry. It protects policyholders by ensuring insurance companies operate fairly and within the bounds of state laws and regulations.
Besides seeking legal options, accident victims in Louisiana are entitled to file a complaint with LDI. To file the complaint, a victim can visit the department’s website and fill out the online complaint form. They will be required to provide information about the accident, the other driver, and any insurance information they may have.
What’s more, they will have to describe what happened, why they think the other driver is wrong, as well as the procedures they took to resolve the problem.
Once the complaint is filed, the LDI will investigate the case to determine if the other driver violated any laws and regulations before taking necessary action.
Pro Tip: Filing a complaint with the LDI doesn’t guarantee that the accident victim will receive compensation for damages. However, it’s a step towards protecting their rights.
Pursuing Other Compensation Options
Although collecting insurance information from another driver is crucial, you need to be careful when confronting them, especially if they seem uncooperative and irate. Be calm and composed instead of angry and aggressive. Aggression will only escalate the issues and make it even more challenging to collect their information.
However, if unsuccessful, there are a few other compensation options for accident victims if the other party refuses to share their insurance information. Some of them include:
Uninsured Motorist Coverage (UM/MIM)
This coverage protects drivers who are involved in accidents with other drivers who do not have auto insurance. If the at-fault driver is uninsured, pursue compensation through your own insurance policy’s uninsured motorist coverage.
Personal Injury Protection (PIP)
Also known as no-fault insurance, this insurance covers expenses after an accident regardless of who is at fault. With this, accident victims can get financial assistance even if the other driver refuses to share their details.
Contact the DMV
If involved in a non-injury car accident, report the incident to the Office of Motor Vehicles and request insurance information of the other driver. While they may sometimes be unable to provide the information, they can take legal action.
File a lawsuit
If everything else fails, with the help of an attorney, file a lawsuit against the at-fault driver and seek compensation. Contact Alvendia Kelly & Demarest today at 504-200-0000 to schedule a free consultation.
