What To Do When the At-Fault Driver Refuses to Contact Their Insurance Company

Getting into a car accident is stressful enough. But when the at-fault driver refuses to report the accident to their insurance company, it can quickly turn into a nightmare. Unfortunately, this scenario is all too common after accidents. Here’s a comprehensive guide on your options when dealing with an uncooperative at-fault driver who won’t contact their insurer.

Why Won’t the At-Fault Driver Call Their Insurance Company?

There are a few common reasons why an at-fault driver may try to avoid contacting their insurance provider after an accident:

• They are worried about premium increases from having an at-fault claim on record.

• They do not have insurance or their policy lapsed.

• They were driving a company vehicle and are not supposed to use it for personal reasons.

• They do not want to admit fault for the accident.

• They are afraid the claim will exceed their coverage limits.

• They have been drinking and fear a DUI if police are involved.

Regardless of their motivation, it is against the law to flee the scene or refuse to report an accident you caused. Drivers must cooperate with insurance investigations.

Consequences of an At-Fault Driver Refusing to Report

When an at-fault driver won’t contact their insurer, the consequences can be serious:

• Their insurance company will likely deny coverage for the accident.

• You have to file a claim through your own policy, if you have proper coverage.

• Your rates could increase from having to file a claim, even if you were not at fault.

• You will have to pay your deductible out of pocket until it can be subrogated.

• If injuries are involved, you may have no way to recover medical expenses.

• The at-fault driver’s insurance may cancel their policy altogether for non-cooperation.

• Police may issue a warrant for the driver’s arrest if they fled the scene.

The at-fault driver faces consequences too, such as license suspension, fines, and potential jail time in serious cases. Refusing to report an accident is never a good idea.

What to Do When the At-Fault Driver Won’t Report

Here are some steps to take when dealing with an accident where the at-fault driver refuses to contact their insurer:

• File a police report – This creates an official record of the accident, including the name of the at-fault driver. Make sure to get a copy of the report.

• Contact your insurance company – Report the accident to your insurer, providing them with the at-fault driver’s name, license plate, make/model of vehicle, and insurance information (if known). Give them a copy of the police report.

• Send a demand letter – Have an attorney draft a letter demanding the at-fault driver contact their insurance company immediately. Send it certified mail with return receipt.

• Utilize your coverages – If you have collision coverage and/or uninsured motorist coverage, file a claim through your policy to cover repairs and medical bills.

• Report them – If they refuse to report the accident, file a report with the state DMV that they are driving uninsured. Their license may be suspended.

• Consult an attorney – An experienced car accident lawyer can help compel the at-fault driver’s insurance company to investigate the claim and establish liability.

Using Your Insurance Policy if the Other Driver is Uncooperative

If the at-fault motorist flat out refuses to contact their insurance provider, your options may be limited unless they are identified. Here are the main ways to utilize your own policy:

File a Claim Under Collision Coverage

Collision coverage repairs damage to your vehicle regardless of fault. It will apply in hit-and-run scenarios or cases where the at-fault motorist flees and cannot be identified. Your insurance company will cover repairs minus your deductible.

Use Uninsured Motorist Bodily Injury Coverage

Uninsured motorist coverage applies to injuries and medical bills resulting from an accident caused by a driver with no insurance. This can help if the at-fault motorist has no coverage due to refusal to report.

Submit a Claim to Your Underinsured Motorist Coverage

If the at-fault driver has minimum required limits that are inadequate to cover your damages, underinsured motorist coverage kicks in after their policy is exhausted. This option requires identifying the at-fault driver.

Let Your Insurer Subrogate Against the At-Fault Driver

Your insurance company will pursue legal action against the uninsured driver to recoup claim payouts. This also requires identifying the hit-and-run driver.

When Can You Sue the At-Fault Driver’s Insurance Company?

You generally cannot directly sue another driver’s insurance company. However, there are some scenarios where legal action against their insurer may be warranted:

• If you have proof their insured was at fault but they are refusing to pay out a valid injury claim.

• If they fail to provide coverage for an accident their policyholder caused but won’t report.

• If they refuse to disclose policy limits or cooperate with providing information.

• If they deny a claim in bad faith even though fault is reasonably clear.

An experienced personal injury attorney can help determine if and when a lawsuit against the evasive driver’s insurance provider could be beneficial.

How to Identify Hit-and-Run or Uninsured Drivers

Getting hit by an unidentified hit-and-run driver who flees the scene makes claims much more difficult. Here are some tips on confirming their identity:

• Get the license plate number if safely possible. Run a plate search through the DMV.

• Check the scene for identifying debris like emblems, mirrors, etc.

• Review surveillance video from nearby businesses that may have captured the collision.

• Ask witnesses at the scene for descriptions of the driver and vehicle.

• Hire a private investigator to track down the at-fault vehicle using debris, paint transfer, and other evidence.

Finding the identity of a hit-and-run driver takes some work but is essential to having their insurance pay for damages and injuries.

Can You File a Claim Without the At-Fault Driver’s Insurance Info?

Yes, there are insurance claim options even if you do not have the at-fault driver’s insurance details:

• File with your collision coverage – This will pay for vehicle repairs regardless of being able to identify the driver who hit you.

• Use your Uninsured Motorist coverage – Pays for injury claims caused by unidentified hit-and-run drivers.

• Submit a claim to your Underinsured policy – Covers remaining damages if a located but underinsured driver’s policy limits are exhausted.

• Claim Personal Injury Protection – Your PIP coverage pays medical bills and lost wages for you and passengers after an accident with an unidentified driver.

While easier if the at-fault driver is known, you can still receive payouts from your own policy without their insurance information in many cases.

What Happens if You Only Have Liability Coverage?

Drivers who only carry minimum liability insurance and no collision or uninsured motorist coverage face the biggest challenge when they are the victim of a hit-and-run or an uncooperative at-fault driver who refuses to report the accident. Without full coverage, options are limited:

• You will have to pay out-of-pocket for all vehicle repairs.

• Medical bills, lost wages, and other injury expenses will not be covered.

• You will receive no compensation for damages without locating the at-fault driver.

• Your only option is to try and locate the hit-and-run driver or file a lawsuit directly against the uninsured motorist.

That’s why full coverage is highly recommended. Liability-only policies leave you vulnerable in these situations.

Can You Still Get a Rental Car if the Other Driver Won’t Admit Fault?

Rental car reimbursement under an at-fault driver’s liability insurance requires their cooperation and admission of fault. But you have options to get a rental even if the other motorist is unwilling to cooperate or cannot be identified:

• Purchase rental reimbursement coverage on your policy – This covers rental costs regardless of fault.

• Use your collision coverage payout – Reimburse yourself for rental fees out of the collision claim check.

• Pay out of pocket – Save receipts to submit for reimbursement once fault is fully established.

• Arrange for a replacement rental from your insurer – Some will provide a rental vehicle from their fleet without a reimbursement requirement.

Refusing to admit fault should not prevent you from obtaining a rental car during repairs. Work with your adjuster on the best options.

When to Hire a Car Accident Attorney

Involving an experienced car accident attorney is highly recommended if the at-fault driver will not contact their insurance company. An attorney can help:

• Locate unidentified hit-and-run drivers through private investigators and proper evidence gathering.

• Apply pressure on evasive drivers to comply through official demand letters.

• Negotiate with insurers and compel them to investigate and settle valid claims.

• Sue uncooperative drivers and insurance companies who act in bad faith.

• Uncover additional insurance policies that may provide coverage, like business auto policies.

Navigating the claims process without the at-fault driver’s cooperation can be extremely difficult. An attorney levels the playing field.

Your Options When the Other Driver Refuses to Admit Fault

Dealing with a driver who caused an accident but won’t take responsibility presents frustrating hurdles. But there are still options available to pursue compensation and get your bills paid:

• File a police report and send a demand letter demanding they contact their insurer.

• Claim through your own collision, UM, UIM, and PIP coverages.

• Report them to the DMV to have their license suspended for being uninsured.

• Hire a lawyer to compel their insurance company through legal pressure.

• Sue the at-fault driver directly and garnish their wages if possible.

• Take legal action against their insurer for bad faith refusal to investigate.

Don’t let an uncooperative at-fault driver off the hook. Explore all avenues toward holding them financially accountable with the help of a tenacious attorney.

The Bottom Line

At-fault drivers who attempt to avoid reporting accidents usually do so out of their own self-interest. But their actions can negatively impact innocent victims who need compensation for vehicle repairs and injuries.

Don’t tolerate an uncooperative driver – take proactive steps to report them, track them down if they flee, utilize your own insurance policy protections, and enlist an attorney if needed. With persistence and effective legal advocacy, you can still emerge with your bills and damages covered.