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Dealing with a car accident is stressful. You may be in shock after the accident, in pain from your injuries, and distracted by the damage to your car. After assessing your injuries and calling 911 to report the crash, you may have the presence of mind to talk with the other driver and try to exchange contact and insurance info.
In an ideal situation, the other party gives you their insurance policy number, and if they are at fault, your car accident lawyer will file a claim on that policy. Unfortunately, there are several other ways this can go, and sometimes people wonder how they’ll ever get compensation for their damages. If the other driver turns out to be uninsured, you may have to go through your own insurance company to make a claim. This process can slow to a crawl if the insurance company can’t reach the other driver, but an experienced car accident lawyer can help you exhaust every option for resolving the situation.
Attorney Ali Awad is no stranger to fighting for his client’s rights, often against big insurance companies. His knowledge and legal understanding led him to open the CEO Lawyer Personal Injury Law Firm, and within a few short years, it became one of the fastest-growing law firms in the US. He also gives witty yet practical legal advice to more than a million followers on social media. If you or a loved one need advice about your car accident or aren’t sure if you need a lawyer, contact the CEO Lawyer Personal Injury Law Firm for a free consultation. There’s no obligation, and learning your options will allow you to make an informed decision about how you want to proceed.
When the Insurance Company Cannot Contact the Other Driver
Sometimes we meet with clients who are understandably upset because this has happened. Either the at-fault driver admitted they had no insurance but provided some contact information, or in some cases, the other driver gave a policy number that was expired or invalid. The second possibility often results in a wild goose chase, but ultimately both situations end with the accident victim seeking relief through their insurance carrier.
And that’s exactly what should happen next. Uninsured/underinsured motorist coverage (UM/UI), collision insurance, and MedPay coverage all exist to protect you in the event that you’re involved in a wreck with an uninsured or underinsured driver. These three policies differ in what they cover when, and like regular liability insurance, they all have limits of how much they will cover in terms of cost. But if you have all three, there’s a good chance you have the coverage to get most or all of your costs covered.
However, your insurance carrier will require you to prove certain things – first, that your damages were the result of the accident. This is why it’s important to take pictures of the damage to your vehicle, as well as your injuries. Your medical records will also be helpful. Additionally, you’ll want to get a copy of the police report on the accident.
What if the Insurance Company Can’t Get Ahold of the Person at Fault?
No insurance adjuster wants to pay a claim if there is a way to avoid it. One way they may attempt to deny you coverage for a UM/UI claim is by saying there is no proof the other driver is at fault. You may be wondering if your police report can help with this – the answer is only sometimes. A police report doesn’t always assign blame, and law enforcement officers don’t always issue a citation after an accident. Sometimes there is little evidence at the scene and no witnesses other than the two drivers, who have very different stories about what happened. Many police departments have limited resources and can’t exhaustively investigate every car accident. So a police report may be little more than a statement of where the accident occurred, who drove what vehicle, what each person said happened, and a few other details.
If this happens, your insurance carrier may want to speak with the other driver. Even if they’re convinced you’re not at fault, they may want to talk to the at-fault party to make sure there isn’t any available insurance coverage on their end. So the adjuster will make every effort to reach the other driver with the provided contact info, but sometimes the other party just won’t respond. Legally, they are not required to cooperate with the insurance company.
Unfortunately, this can leave you in a bad position. Your insurance company may refuse to pay your claim if they can’t corroborate your story about the accident or be sure that the at-fault driver doesn’t have their insurance coverage. If this has happened to you, it can be very stressful, but you should know that there may still be options. Don’t wait and hope the other driver does the right thing. Instead, call a car accident attorney right away.
Depending on your situation, your lawyer may consider the following possibilities for pursuing a claim:
- If the issue is that the insurance carrier can’t establish fault, your lawyer may assign their investigative team to look into the accident. In some cases, they may be able to find more evidence to support your claim, such as video from traffic cameras or doorbells. (This footage is often erased periodically, so the sooner you speak with a lawyer, the better.) They may also be able to track down witnesses, electronic data from your car, or other evidence.
- Your lawyer’s investigators may also try to track down the other driver. (Do not attempt to do this yourself. The risk that you will inadvertently make things worse is not worth it. Instead, let a trained professional handle this delicate situation.)
- If the other driver can’t be located and efforts to establish their fault haven’t worked out, your lawyer may turn to Collision and MedPay coverage instead. These are designed to pay for your property damage (Collision) and medical care costs (MedPay) without regard to who is at fault.
- If the other driver can be found but won’t cooperate, it is possible to sue them directly. However, this option is only pursued if there is some evidence that the at-fault party has significant assets that can be seized in a successful case. It’s generally not worth going through the time, trouble, and expense of a lawsuit if the other party has no way to pay the claim.
These are just a few options. Every case is different, and in some situations, your attorney may find other ways to fight for your damages.
The CEO Lawyer Personal Injury Law Firm Is Here to Help
If you or a loved one have been hurt in an accident and the other driver has gone missing, don’t wait another minute to contact us at the CEO Lawyer Personal Injury Law Firm. Your initial consultation is always free, and if we do take your case, we’ll get to work investigating your accident right away. We work on a contingency basis, so you won’t owe us anything until we secure a settlement. Call our injury and accident attorneys today at 833-254-2923.