Car accidents are often very high-stress scenarios, and drivers are sometimes uncooperative. If the other driver in your crash refused to provide any details regarding their insurance, you might need the help of a skilled attorney.
When confronting the other driver, be very careful if they become irate or uncooperative. You cannot force someone to provide their insurance information, and you should focus on getting emergency help from the police and paramedics. Georgia is a fault-based insurance state, but you may still file a claim with your own uninsured motorist coverage if the other driver refused to give you their insurance information because they did not have it in the first place. Alternatively, you can file a personal injury lawsuit against the other driver, provided we have enough information to identify them. If the other driver provided no information about themselves, we might need to track them down before taking legal action.
Although car accidents can be chaotic, drivers must exchange details, including insurance information. If you do not have the other driver’s information, our Georgia car accident attorneys can help you. Call Howe Law at (844) 876-4357 for a free case assessment.
What Should I Do If Someone Refuses to Provide Their Insurance Information After a Car Accident in Georgia?
After a Georgia car accident, drivers will typically exchange insurance and license information. However, some drivers might refuse to provide their insurance information following an accident. There could be several reasons why another driver would be uncooperative, but you can take certain measures to protect yourself that will help in your efforts to recover compensation later.
Call the Police
You should call 911 immediately after a car accident in Georgia, especially if the other driver refuses to provide their insurance information. Georgia requires that drivers involved in accidents involving injury or damage to a vehicle stop and exchange information. If you cannot get their insurance information, the police likely can.
Importantly, never let another driver talk you out of calling the police. According to O.C.G.A. § 40-6-273, car accidents that involve injury, death, or result in at least $500 of damage must be reported. Also, a police report will be made by the investigating officer that will have information critical to your case. Even if the driver that caused your accident does not respond to communications after an accident, a lawsuit can still be filed against them if their name and address are known.
If a driver flees the scene, police should absolutely be called. Fleeing the scene of an accident is a crime and needs to be reported. Plus, you will still need a police report for your own insurance if you cannot identify the negligent driver. Our Atlanta car accident lawyers can help you hold a driver who refuses to provide their insurance information accountable.
Document the Scene of the Accident
Drivers that do not want to exchange their insurance information might decide to flee the scene before police can arrive. This is why documenting as much of the scene as you are able is critical to protecting your chances of recovering compensation. If a driver flees before you can gather any identifying information, you might be liable for your injuries.
However, getting photos and videos of the car’s license plate could prove sufficient to gather more information during an investigation. If you spoke with the other driver, write down anything you can remember. You never know what information might be useful later. Photo evidence can also provide important details about the accident, like the location of the accident and the weather at the time.
Speak with Witnesses
Be sure to speak with any witnesses that stopped. If the other driver fled the scene, a witness might have been able to see their license plate and, if especially fortunate, might even have taken a picture. If they are willing, get the name and contact information of any witnesses to your accident since locating an eyewitness after an accident can be virtually impossible if you do not know them.
Speak with a Georgia Car Accident Lawyer
After you have received the proper medical care, you should reach out to our Georgia car accident lawyers. If you could not get a driver’s insurance information but could take photos or gather other information, we can help you identify them so we can name them in your lawsuit. Even if you did not manage to get their license plate number, it could still be possible that a traffic or surveillance camera nearby captured it. If there was a camera nearby, our Macon car accident lawyers can reach out to their owners on your behalf to determine if your accident was caught on video.
Confronting a Driver Who Refuses to Provide Insurance Information After an Accident in Georgia
Car accidents have a bad habit of bringing out the worst in people. It is common for drivers to become irate and take their frustrations out on the other driver. When you go to exchange insurance information with the other driver, you should be careful, especially if they seem upset. Our Georgia car accident lawyers can help you take legal action if the other driver refuses to cooperate and provide their insurance details.
Approach the other driver with a calm, level head. They might be upset and being confronted by someone hostile might only make them more upset and less willing to cooperate. If you sense danger in any way, do not attempt to confront them. Simply call the police and wait for them to handle the situation. If the other driver is not a danger and just refusing to provide you with their information, you should also call the police who will interview the other driver. If the driver refuses to give their insurance information to the investigating officer, they will be issued a ticket for driving without insurance. This will be included in the police report, which will be helpful if you need to file for uninsured motorist coverage. If the other driver gives you their personal information but not their insurance, again, wait for the police
Essentially, the main takeaway is that you should wait for the police to arrive before attempting to resolve the situation. A police report will save you countless hours trying to determine this information without one. Still, be sure to take photographs and record videos of the accident scene, note the license plate number of the other car, and document any information that our Savannah car accident lawyers can use to track down the other driver and obtain their insurance information.
Why Would a Driver Refuse to Provide Insurance Information After an Accident in Georgia?
A driver that refuses to provide you with their insurance information after an accident might do so for several reasons. The most likely scenario is that they are not insured at all. Uninsured drivers have no information to provide and likely know that they will personally be on the hook for any damages they cause. Other drivers might have insurance but do not want their insurance premiums to increase. While everyone likes to save money, it is not a valid reason to violate the law and not give over the information.
Most drivers know that law enforcement will likely be involved, and some might worry that they will face criminal charges for an accident. If a driver is uninsured, they probably do not want to speak to the police and might flee the scene. Our Georgia car accident lawyers can help you regardless of the other driver’s reasons for not providing their insurance information.
Can I File an Insurance Claim if the Other Driver Refuses to Provide Their insurance Details in Georgia?
Georgia is a fault-based insurance state, meaning drivers usually file third-party claims against other drivers’ insurance policies after crashes. However, filing a third-party claim might not be possible if you do not have any details about the other driver’s insurance. Keep in mind that you do not need the other driver’s insurance information to file a lawsuit. If a driver refused to provide their car insurance but know their identity, you can file a lawsuit to hold them responsible in court. Talk to our Georgia car accident attorneys about how you can file an insurance claim while also exploring other legal options.
You might be able to file a claim with your own insurance if you have underinsured or uninsured motorist coverage. These policies are optional in Georgia. If you have them, they may cover some of your expenses if you cannot file a third-party claim with the other driver’s insurance.
Alternatively, our Alpharetta car accident lawyers might be able to help you figure out the other driver’s insurance information so you can file a third-party claim. Using details about the crash and identifying information such as the other driver’s license plate number and the make and model of their car, we can figure out where to file your insurance claim. If you were able to get the car’s VIN, it can identify who the car is registered to. However, you should always call the police after a car accident where the other person will not share their information. While they can refuse your questions, it is more difficult to ignore the questions of the police.
Legal Options for When Another Driver Refuses to Provide Their Insurance Details After a Crash in Georgia
If filing a third-party claim is impossible because we cannot figure out the other driver’s insurance information, our Georgia car accident attorneys can help you take other legal action instead. We can help you file a personal injury lawsuit, as we do not need the other driver’s insurance details to sue them. However, we need information about their identity to name the correct person in our complaint.
It is not unusual for drivers who refuse to provide their insurance details to also to refuse to exchange any personal information, like a name and address. Drivers mistakenly believe this will help them evade liability, but more often than not, it lands them in bigger trouble. However, if the police investigated the accident, this information will be included in their report. If you were the victim of a hit-and-run, our Hattiesburg car accident lawyers can help you track down the negligent driver in your case, as discussed below in greater detail.
Lawsuits are sometimes better because plaintiffs can recover non-economic damages like pain and suffering. Non-economic damages are often unavailable through insurance claims, as they usually cover economic losses like medical bills and property damage.
How to Find the Other Driver After They Flee the Scene of an Accident in Georgia
Sometimes, drivers not only refuse to provide their insurance information, but they refuse to provide any information about themselves at all. If the driver stopped and the police arrived to investigate, this will likely not be an issue as this information is contained in the police report. In especially shocking cases, though, the other driver will not even stop to check if the other driver is okay. Fleeing the scene of an accident before the police arrive is a hit and run and can be criminally charged.
Without the name and other personal information about the other driver, we might need to investigate the crash and track down the other driver before we can take any legal action. If the other driver in your case fled the scene before the police arrived, they might be facing charges for a hit and run, and the police might be investigating. One option is to sit back and wait for the police to track down the other driver, but the chances of that are likely low.
Any information from the accident might help law enforcement find the other driver. Details about their vehicle, license plate, or other information can help us find the other driver and hold them responsible. Once the other driver is found, they might face criminal charges that must be dealt with before your civil lawsuit.
Is There a Time Limit for Filing a Car Accident Lawsuit in Georgia?
The time limit to file a lawsuit in Georgia is known as the statute of limitations. According to O.C.G.A. § 9-3-33, a car accident victim will have two years from the date of the accident to file a lawsuit. This is not much time, considering the other driver might not be known. If you did not get the other driver’s insurance information, filing your lawsuit immediately can be critical to the subsequent investigation.
Depending on the circumstances of your case, identifying the driver that caused your accident can be an extremely time-consuming process. For instance, the turnaround time on a request for information or evidence from a party with information about a negligent driver could take weeks. In some cases, information might need to be subpoenaed to obtain it.
If information needs to be requested from the state, that will also add to the time it takes to build your case. Administrative agencies like the Georgia Department of Driver Services are large bureaucracies infamous for slowly processing requests. The longer it takes to file a lawsuit, the more challenging recovering relevant evidence will be. If your case is not filed within the two-year period, your case will likely be dismissed since Georgia law does not currently recognize an exception to the rule for situations when a driver went unidentified. Our Warner Robins car accident lawyers can investigate your case to help ensure a lawsuit is filed as quickly as possible.
Call Our Georgia Car Accident Lawyers for a Free Case Review
If you were recently involved in an auto collision where the other driver refused to provide their insurance information, you should speak to an attorney immediately. Our Georgia car accident lawyers can perform a free case review to get you started. Call Howe Law at (844) 876-4357.
Related Articles
