In a car accident, drivers should exchange information, such as contact and insurance details, to resolve the issue correctly. However, there are instances where a driver may refuse to share their information for several reasons. While this may seem distressing, you can take steps to address the situation.
Read on to learn what to do when involved in an accident in California and the driver avoids providing their insurance details.
Why Do Drivers Refuse to Give Insurance Information?
Ideally, both parties involved in a car accident resolve the issue by sharing insurance information and contacting the police. Doing this will help speed up the legal process, especially if you are severely injured in the crash. However, there are specific instances where one driver may refuse to provide their information.
This can happen due to the following reasons:
- Inadequate or Lack of Insurance Coverage.
In California, drivers are mandated to have the insurance requirement when traveling, including:
- $15,000 for a single death or injury.
- $30,000 for death or injury to more than one person.
- $5,000 for property damage.
If authorities discover that you are driving without insurance, you may face legal consequences. Hence, a driver who does not have valid insurance coverage will likely avoid disclosing this information to escape the legal ramifications.
- Fear of a Premium Increase.
Drivers may worry that providing their insurance information would result in higher premiums. To prevent such consequences, they may decide to handle the dispute discreetly.
- Prior Traffic Infractions.
Some drivers may have a history of traffic offenses or accidents, and providing insurance information may aggravate their legal problems.
- Issues with Fault.
A driver may only share insurance information once the situation is resolved or looked into further if they feel they are not at fault or disagree with the accident’s details.
- Misperception of the circumstances.
Because they don’t comprehend the legal requirements or the gravity of the collision, drivers may refuse to give their insurance information.
To guarantee a just outcome and adherence to regulations, all concerned parties must fulfill their legal obligations to provide insurance information in case of a car accident in California.
Is It Legal to Refrain From Sharing Insurance Information After a Crash?
In California, under Vehicle Code 16025, all drivers must share their information when involved in a car accident, including:
- Driver’s name
- Current residence address
- Driver’s license number
- Vehicle identification number
- Current residence address of the registered owner
- Evidence of financial responsibility
All parties involved in a car accident in California must follow the law and work with the police. Refusing to provide insurance information may put one’s legal rights in danger, make the accident settlement process more challenging, and result in further legal issues.
Note that a person who does not adhere to this law is deemed to have committed an infraction, subject to a fine not exceeding $250.
What To Do in a Car Accident in California
In the event of a car accident in California, prioritize your well-being. Follow the guidelines below to ensure your safety during an accident and navigate the legal process effectively when pursuing a personal injury claim:
- Remain composed.
- If feasible, relocate to a secure area.
- Call 911 or contact the California Police for assistance at the accident scene.
- Evaluate whether you have sustained physical injuries in the car collision.
- Seek medical aid and contact the nearest hospital in California.
- Gather evidence at the accident site, including the responsible party’s contact information, photographs of the damage, and statements from witnesses.
- Cooperate with law enforcement.
- Contact California personal injury attorneys to help build your personal injury case.
What to Do If a Driver Refuses to Give Insurance Information
Following an accident, taking particular action to safeguard your interests and guarantee a fair settlement is critical. However, if a driver declines to disclose insurance information, this may take you off guard and worsen the situation. Remember that you should be calm and follow the strategies below to help you handle this kind of situation:
- Stay composed: Remain calm and try not to make things worse. To deal with the situation efficiently, one must maintain composure.
- Record the Accident as Much as You Can: Try to get additional information if the driver declines to give information about their insurance. Take photos of the accident scene, the involved cars, and their license plates. Take note of the time, date, and place. This information will help you expedite the legal process.
- Obtain Witness Details: Get the contact details of any witnesses to the accident, if there were any. If necessary, they could offer statements afterward.
- Call the Police: Make sure you submit a police report. The authorities will help you gather the necessary details when filing a car accident claim. In most cases, police reports are crucial in determining fault.
- Consult a Lawyer: Speak with a California car accident attorney to learn about your options and rights. They can help you through the legal procedure and advise you on the best course of action.
Remember to put your safety first and adhere to the law. Avoid trying to coerce the other driver into giving you information, as this could make things worse. Instead, put your trust in legal and law enforcement experts to assist in reaching a suitable resolution.
Can I Still File a Claim for a Car Accident in California Without the Driver’s Insurance Information?
While the other driver’s insurance details are essential in a personal injury claim, you may still pursue a case even if you lack this information. In most cases, authorities and car accident lawyers will help you obtain other evidence to implicate the driver and hold them responsible for the crash.
Moreover, note that you can only pursue a case if the other driver’s actions directly caused your injuries from the crash. Even if they lack insurance, if you are responsible for the crash, you won’t have the right to file a case.
Generally, you can justify the other driver’s negligence through the following elements:
- The driver was responsible for ensuring everyone’s safety.
- They failed to fulfill this duty.
- The breach resulted in a car accident.
- The crash caused your injuries and other damages.
To demonstrate this, you must have the necessary evidence, such as photos of the accident, police reports, witness accounts, and others. While this may seem straightforward, it may be a different case if you fail to secure these proofs during the crash.
Fortunately, a California car accident attorney can help assess the situation and use their resources to obtain sufficient evidence to build your case.
What Happens If They Leave the Scene Before the Police Arrive?
If the other driver flees the crash scene without sharing their information and notifying the police, you may still receive compensation for the damages. In such cases, injured victims tend to use their uninsured motorist coverage to pay for damages and expenses.
This type of insurance may only be used if the at-fault driver does not have sufficient coverage or completely lacks it. If you face similar situations, a car accident lawyer can determine the legal options suitable for your needs.
Lawyer’s Tip: When a driver flees the scene without notifying the police, this can be considered a hit-and-run. In some cases, the court may impose punitive damages on the hit-and-run driver, which are additional costs included in your settlement to condone their wrongful acts.
How Can a California Car Accident Attorney Help Me Win My Case?
Car accidents can become challenging to handle, especially if the other driver is uncooperative. You will need to deal with the aftermath of the crash; aside from the issue with the driver, you also need to recover from your injuries.
This is where the assistance of a California car accident attorney becomes extremely valuable. They can assess the situation, communicate with the other driver, and collect the necessary evidence to build your case, all while you focus on your recovery.
Aside from this, they can also perform the following to ensure a successful car accident claim:
- Gather evidence to build your case.
- Determine the liability of the at-fault party.
- Assess the comprehensive extent of the damages incurred.
- Engage in negotiations with the insurance company.
- Proceed to trial if deemed necessary.
Why Choose Car Accident Lawyers from Jacoby & Meyers
We acknowledge the profound impact that car accidents can have, often leading to significant and life-altering consequences. It is crucial to have legal representation that understands the emotional and physical toll of these situations, even when the responsible party passes away.
At Jacoby & Meyers, our commitment runs deep to assisting accident victims in securing the justice they rightfully deserve. Alongside our proven track record of achieving substantial settlements, we are dedicated to giving back to our communities by facilitating access to essential medical care for those affected by accidents.
Our legal team has streamlined an effective process to ensure you are well informed about your legal rights and receive the justice you are entitled to.
Our devoted team of legal professionals unwaveringly provides exceptional service by:
- Maintaining transparent and open communication throughout your case.
- Skillfully negotiating with insurance companies to secure fair and just compensation on your behalf.
- Assisting in coordinating appropriate medical treatments as recommended by your healthcare provider.
- Offering support for any other concerns related to your accident to alleviate your worries.
- Safeguarding your legal rights by establishing liability, assessing the extent of damages, and vigorously advocating for your claim.
Take advantage of our free consultation to receive legal advice from California car accident attorneys. To explore your legal options, feel free to contact us at 800-500-0000.
Jacoby & Meyers. Because You Deserve Justice.
Hear From Our Past Clients
We have confidence in our ability to provide robust legal assistance to our clients, recognizing that many law firms assert similar capabilities. To prove our commitment, we encourage previous clients to share their positive experiences with the legal support we have provided.
“After I was involved in a serious car accident, my attorneys helped me with medical treatment and took care of my medical bills. My questions were always answered, and my attorneys were able to reach a settlement in less than 3 months after my accident.”
-Anabella
Works Cited
m, jose. “California Vehicle Code 16025.” California Legislature, 30 August 2022. Accessed 4 January 2024.
“Section 10: Financial Responsibility, Insurance Requirements, and Collisions – California DMV.” California DMV. Accessed 4 January 2024.
“UM/UIM: What Is Uninsured Motorist Coverage?” Progressive. Accessed 4 January 2024.