At-Fault Driver Won’t Contact Insurance

At-Fault Driver Won’t Contact Insurance

Let’s say you have been involved in a car accident. You get out of your car after another driver accidentally hits you. You tried to exchange information with the other driver. After a couple of days, you try to contact the driver. But, the at-fault driver does not respond. In fact, the car insurance company also says the at-fault driver is not responding. The insurance company is unable to get a statement from the other driver. Therefore, the insurance company does not accept fault.

A situation like this is an absolute nightmare. This is a very difficult situation to be in, but it is one of the most common situations to be in after a car accident. Most of the time in an ideal world, both parties will exchange information and keep in constant contact with one another to make sure claims with insurance companies are well taken care of. If you have found yourself in a situation like this, it is very important to remember that you do not constantly contact the insurance company yourself. At this time, you should be explaining the situation to your attorney for them to take over all communications. Your personal injury attorney will communicate with insurance companies to make sure that the at-fault driver does respond.

What to Do If the At-Fault Driver Won’t Respond

1. Gather Evidence Immediately
   • Take clear photos of the accident scene, vehicle damage, and any visible injuries.
   • Obtain the driver’s license, insurance details, and license plate number of the at-fault driver.
   • Collect witness statements and their contact information, as their testimony can be crucial.
   • Request a police report (if applicable) and secure a copy for your records.
2. Contact Your Insurance Company
   • Report the accident and request a declarations page to review your policy.
   • If the at-fault driver refuses to cooperate, your insurer may assist you in subrogating the claim against them.
3. Consult a Personal Injury Attorney
   • Do not attempt to negotiate with the at-fault driver’s insurer directly, as they may attempt to minimize or deny your claim.
   • Your attorney will handle all communications, ensuring you maximize your potential settlement.

If there are any police reports, make sure to bring all that evidence in during the consultation with your attorney. If you do not know the other parties’ insurance company, contact your insurance company and request a declarations page to view your insurance coverage policy. You could also request to get a police report if any was written up. A police report would usually specify who the other parties’ liability would be.

Do not speak to the other driver’s insurance company

We constantly advise our clients to not speak to the other party’s insurance company. If you have a personal injury attorney, they need to take care of that for you. When you speak to the other driver’s insurance company, they will try to take recorded statements from you. These recorded statements will then be used against you when they offer a lower settlement amount. Insurance companies will try to ask argumentative and convoluted questions to make you rethink your claims. The other driver’s insurance company is trying to pay as little as possible for your injuries. It is very essential that you do not agree to any recordings or written statements from any other party other than your attorney. This can and will be used against you. You could legally provide your name contact information and address. However, do not provide any other information about the accident.

Statute of limitations in California

Although the at-fault driver will not respond, this should not prevent you from filing a lawsuit against the other driver. California has a statute of limitations that limits the time frame for filing personal injury and property damage claims. Under California Code of Civil Procedure § 335.1, victims have two years from the date of the accident to file a personal injury claim. However, for property damage claims, the deadline extends to three years (California Code of Civil Procedure § 338). Any claim filed after these deadlines will be dismissed by the court unless specific exceptions apply. Any claims brought to court after the statute of limitations has run will be dismissed. For more information, please read our latest blog on the statute of limitations for car accidents in California.

Contact your insurance company

If the other party’s insurance company does not respond, you may be able to get coverage through your own insurance company. If you have collision coverage, you may be able to get reimbursed for the cost of repairing your car. But collision coverage will not cover injuries that you have sustained. Injuries could only be covered by the other defendant’s party.

What if I was uninsured?

If you are uninsured and are injured in a car accident, California’s Proposition 213 (California Civil Code § 3333.4) applies. This means that you cannot claim non-economic damages (such as pain and suffering), even if you were not at fault. However, you are still entitled to economic damages, including medical bills, lost wages, and property damage.

This law aims to encourage California drivers to maintain active auto insurance policies. If you are uninsured, it is crucial to understand your legal rights and how Proposition 213 affects your ability to seek compensation. For more information, you may contact one of our top litigation attorneys. 

Does the other driver have a duty to respond?

Every insurance policy requires that there be a duty to cooperate. This means that an insured person has a duty to cooperate with the other party if they have caused the accident. Despite this duty to respond, many defendants still fail to contact the plaintiff after such an accident. This can be frustrating to multiple parties. If the other driver does not cooperate with the insurance company, then the adjuster will not be able to investigate.

What happens if the other party does not respond?

When the claim is filed with the other insurance company, an adjuster is assigned. The adjuster will then look into the claim and try to investigate the claim as much as possible. If the other party does not respond to anyone, the next step would be to file a lawsuit against the other driver. This is usually the last case scenario, and should only be approached when the other driver has not responded to anybody. If the amount of damages is for a minimal amount, then the claim must be brought in to small claims court. If it is a large amount, make sure you contact an experienced personal injury attorney to litigate the claims for you. Going to trial is one of the last steps to take since going to trial is very costly.

Uninsured motorist coverage

If your insurance policy includes uninsured motorist coverage, you may be able to make a claim under that policy. Even though the other driver may have had insurance, the insurance company is unable to offer any benefits because the other driver is not cooperating. When there are no other options to pursue, the best route would be to make a claim under the uninsured motorist coverage in the policy.

FAQs on What to Do If the At-Fault Driver Won’t Contact Insurance

What should I do if the at-fault driver refuses to respond to their insurance company?

If the at-fault driver is not responding, start by gathering all available evidence, including accident photos, witness statements, and a police report. Contact your own insurance company to report the accident and review your coverage options. If the at-fault driver remains uncooperative, you may need to file a claim under your uninsured motorist policy or pursue legal action. Consulting a personal injury attorney can help ensure that you take the right steps and receive fair compensation.

Can I still recover damages if I am uninsured in California?

Yes, but your compensation will be limited under California’s Proposition 213 (California Civil Code § 3333.4). If you are uninsured, you cannot claim non-economic damages such as pain and suffering, even if the other driver was at fault. However, you can still recover economic damages, including medical bills, lost wages, and vehicle repairs. It’s crucial to seek legal advice to understand how this law applies to your specific case.

Should I speak to the at-fault driver’s insurance company?

It is not recommended to communicate with the at-fault driver’s insurance company directly. Insurance adjusters often ask tricky or misleading questions and may try to use your statements to reduce or deny your claim. Instead, let your personal injury attorney handle all communications to ensure your rights are protected. If you must provide any information, only confirm your basic details such as your name and contact information avoid discussing accident specifics.

How long do I have to file a lawsuit if the at-fault driver refuses to cooperate?

In California, you generally have two years from the date of the accident to file a personal injury lawsuit (California Code of Civil Procedure § 335.1). If you are only seeking compensation for property damage, the statute of limitations is three years (California Code of Civil Procedure § 338). If you miss these deadlines, your case may be dismissed, and you will lose the right to claim damages. To ensure you meet all legal deadlines, consult an experienced attorney as soon as possible.

Can I use my own insurance if the at-fault driver is unresponsive?

Yes, if the at-fault driver does not respond, you may be able to file a claim with your own insurance company. If you have collision coverage, your insurer can cover vehicle repair costs, though you may need to pay the deductible upfront. If you have uninsured motorist coverage, your policy may cover medical expenses and lost wages if the other driver is uncooperative. Your insurance company may later pursue reimbursement from the at-fault driver’s insurer through subrogation.

Contact our attorneys today for a free consultation

If the insurance company can’t get ahold of the other driver, contact your personal injury attorney as soon as possible. It is important that you communicate all updates you receive with your attorney to prevent any miscommunication and to ensure a smooth legal process. Contact our attorneys today for a free case review. We will get to work for you. During the case review, we can address options you can take for your legal claim, how much the case could possibly be worth, how much the damages would be, and what the next steps are. Our top-rated legal team is here to help you.

***Disclaimer: This page is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this page, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.