What if the At-Fault Driver Won’t Contact Their Insurance Company?

Updated January 8, 2024
8 min read
What if the At-Fault Driver Won’t Contact Their Insurance Company?

A car accident often resembles chaos, both physically and figuratively. Dealing with injuries, managing medical expenses, and addressing property damage can consume your time and energy. Another layer of complexity is communicating with the relevant insurance companies, especially if you're not at fault. 

So what would be the implications if the driver who's at fault doesn't set the wheels of their insurance claim in motion, or what happens if you ignore an insurance claim? The solution requires tact, patience, and an understanding of your rights.

The Nuances of the Post-Accident Process

Traditionally, after an accident, both parties should contact their respective insurance companies to inform them about the incident, share pertinent details, and start the claims process. However, matters are often complicated when the at-fault party fails to cooperate or, even worse, when insurance can't get ahold of the person at fault, creating additional barriers to resolving the situation. Now you're left juggling both ends of the problem — your injuries and the otherwise avoidable insurance issues.

In situations involving an accident, it's wise to secure a copy of the police report if it was filed. A police report can serve as a pivotal piece of evidence, furnishing essential details that bolster your claim, typically encompassing the insurance information of the party responsible for the accident. 

Additionally, it may be beneficial to seek advice from a lawyer with expertise in handling accident claims. They can clarify your legal rights and guide you through the subsequent actions to consider. This advice may include initiating a lawsuit if you encounter resistance from the other party.

For instance, under New York's Vehicle and Traffic Law § 605(a), a driver involved in a vehicle accident resulting in either personal injury or death must file an official report within ten days of the incident. This report is often a critical document in legal proceedings as it provides an objective account of the incident from the responding police officer's perspective, and it can significantly influence the outcome of any subsequent litigation or insurance claim.

Leveraging Your Insurance Company

In situations like these, it's essential to involve your insurance provider. They possess:

  • Expertise: Insurers are equipped with the knowledge necessary to navigate complicated cases.

  • Resources: With adequate tools and personnel, they can effectively manage the situation's demands.

  • Legal network: Their extensive legal connections ensure that all matters are handled professionally.

Providing your insurer with comprehensive information is vital. Ensure you supply them with the following:

  • The other driver's insurance company name.

  • Relevant contact details.

With this information, your insurance company can initiate the appropriate measures, fostering direct communication with the other party's insurer.

Avoid Direct Communication with the Other Driver's Insurer

Tempting as it might be to expedite the matter, remember to refrain from interacting directly with the at-fault party's insurer. The other driver's insurer is not on your side and would likely use every opportunity to minimize the company's financial obligation. They often employ tactics like recorded statements, taking comments out of context, or bombarding you with unsettling questions.

If the other insurer remains persistent and constantly contacts you, it's best to deflect their communications to your insurance provider or a personal injury attorney. Share only essential details like your contact information and insurance policy details, but do not discuss the accident or give any statements.

Other Driver’s Insurer Declines Liability

When the other insurance company dismisses their driver's fault, the first step should be to work with your insurance company, especially if the at-fault driver won't contact insurance. They can evaluate your policy, check your coverage, and guide you on the necessary steps, like potentially suing the at-fault driver directly, depending on your state's laws. 

Additionally, your insurance company may engage in subrogation. In this process, they seek payment from the at-fault party's insurer after covering your claim, which could relieve you from the financial burden. It is also advisable to consult with a personal injury attorney, who can provide legal advice tailored to your situation and represent your interests in negotiations or court proceedings if necessary.

What if You're Uninsured?

Accidents without insurance invite a different set of challenges, especially if you encounter an at fault driver not responding to attempts at communication. How you handle this situation largely depends on your state's laws, but your responsibilities are dual-pronged — covering your damages and fulfilling the other party's claim.

Driving without insurance can lead to significant financial penalties, including but not limited to fines, possible impoundment of your vehicle, and even suspension of your driving privileges. Additionally, you may be personally liable for any damages or injuries you cause, which could result in a lawsuit against you, leading to wage garnishment or the seizure of assets to satisfy any judgments.

Conclusion

Dealing with a car accident is taxing and complicated, with potential pitfalls lurking at every step. Navigating the meandering paths of insurance companies can be tricky, especially when the at-fault driver not cooperating refuses to cooperate. 

Staying informed, knowing your rights, keeping your own insurance company in the loop, and seeking advice from a personal injury attorney help ensure that your path to recovery, both private and financial, encounters the least resistance.

Article by
Yevheniia Savchenko
Lawrina

Yevheniia Savchenko is a Product Content Manager at Lawrina. Yevheniia creates user interface copies for Lawrina products, writes release notes, and helps customers get the best user experience from all Lawrina products. Also, Yevheniia is in charge of creating helpful content on legal template pages (Lawrina Templates) and up-to-date information on US law (Lawrina Guides). In her spare time, Yevheniia takes up swimming, travels, and goes for a walk in her home city.

If you have any questions or suggestions regarding the product or UX content for Lawrina, feel free to contact Yevheniia directly at y.savchenko@lawrina.org or connect with her on LinkedIn.

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