What Should I Do if the Other Driver in a Car Accident Doesn’t Want to Go Through Insurance?

Accident attorney

Car accidents often occur with minimal damage, and the other party involved may prefer not to involve car insurance for various reasons. Some may wish to avoid filing a police report, fearing an increase in insurance rates or lacking coverage altogether. Others may be under the influence of alcohol or drugs or have warrants out for their arrest. Nevertheless, in most states, reporting the crash to the police is mandatory. Beware if the other party offers cash as compensation for car repairs, as this should raise a red flag. If you find yourself uncertain about the proper course of action after a car accident, it is advisable to seek guidance from a car accident attorney who can provide you with expert legal advice.

You May Be Injured and Not Know It

If you fail to involve the police or exchange insurance information, you could end up suffering a significant financial loss. It's common for individuals to feel fine immediately after an auto accident, but the rush of adrenaline may be masking underlying injuries that could manifest in the following days and require treatment. When you're involved in a car accident that wasn't your fault, your ability to think clearly may be compromised, particularly if you've sustained a concussion. The driver responsible for the crash may unjustly shift the blame onto you, exhibiting belligerent and aggressive behavior while refusing to provide any identification or insurance details. This is when it's crucial to call 911 and report the accident, requesting the presence of paramedics at the scene. Reporting the crash to the police is often required by state law, so you're not acting unreasonably in doing so. If possible, make a note of the make, model, and license plate of the vehicle that hit you. Additionally, collect as much evidence as possible from the accident scene so that you can provide this information to your personal injury or car accident attorney if you need to file a claim.

What if the Other Driver Wants to Keep Insurance Out of the Picture?

While there is no legal requirement to involve the other driver's insurance company if they have coverage, it is highly advisable not to exclude their insurance from the accident. By doing so, you may unintentionally harm your own interests. The true nature and extent of your injuries are still unknown, and there is no guarantee that the responsible party will honor any agreement you may reach. In the event that you file a claim later on, the opposing insurer could raise a policy defense and deny coverage. Furthermore, agreeing to keep insurance out of the picture may give your own insurance company grounds to deny assistance. It is always recommended to involve your insurance company as you pay premiums for their support during such incidents.

So What if the Other Driver Just Drives Off?

If the other driver flees the scene of the accident, it is important to remain at the location until the arrival of the police and paramedics. At this point, you not only find yourself as the unfortunate victim of an accident that was not your fault, but you are also a victim of a hit-and-run incident, which is considered a criminal act. Rest assured, a thorough investigation will be conducted, and an accident report will be generated. It is crucial for you to obtain a copy of this report promptly, especially if you have uninsured motorist insurance. In the meantime, it is advisable to have the attending paramedics transport you to the nearest emergency room for a comprehensive examination and treatment. Following that, it is imperative to promptly inform your insurance company about the car accident.

Things You Should Do If the Other Driver Is Difficult to Deal With

If the other driver in a car accident doesn't want to go through insurance, it's important to approach the situation cautiously and consider the following steps:

  1. Exchange Information:
    • Despite their reluctance to involve insurance, exchange contact information, including names, phone numbers, addresses, and insurance details. This information may still be necessary in case you later decide to involve insurance or take legal action.
  2. Document the Scene:
    • Take photos of the accident scene, including damages to both vehicles, license plates, and any relevant road signs or conditions. This documentation can be valuable for insurance purposes or if legal action becomes necessary.
  3. Get a Written Agreement:
    • If the other driver is willing, you may want to create a written agreement stating that they accept responsibility for the accident and agree to cover all damages. Both parties should sign the agreement, and it should include details of the accident.
  4. Consider the Severity of Damages:
    • Assess the severity of damages to your vehicle and any injuries. If the damages are minor, you may decide to handle the situation without involving insurance, especially if the other driver is willing to cover repair costs.
  5. Consult with an Attorney:
    • If you have concerns or if the damages are significant, consult with a personal injury attorney. They can provide guidance on your options and help protect your interests. Even if you don't initially involve insurance, consulting an attorney can be valuable.
  6. Know Your State's Laws:
    • Understand the laws in your state regarding reporting accidents and insurance requirements. In some cases, accidents must be reported, and insurance companies notified, regardless of the parties' preferences.
  7. Consider Mediation:
    • If there is a dispute about fault or damages, you may consider mediation as a way to resolve the issue outside of insurance. A neutral third party can assist in reaching a resolution.
  8. Keep Records:
    • Keep records of all communications, agreements, and expenses related to the accident. This includes receipts for repairs, medical bills, and any other costs incurred as a result of the accident.
  9. Be Wary of Pressure:
    • If the other driver is pressuring you not to involve insurance, be cautious. It's essential to prioritize your own well-being and protection. If you're unsure, seek legal advice.

Remember that your primary concern should be ensuring that you are fairly compensated for damages and injuries. If you have any doubts or concerns, consulting with a legal professional can help you make informed decisions based on your specific circumstances.

Contact an Experienced Car Accident Attorney

At Strong Law, our team of experienced car accident attorneys has a proven track record of successfully handling uninsured motorist insurance claims for other drivers. We're here to provide the same level of expertise and support for your situation. Feel free to reach out to our law offices today at any of our convenient locations for a complimentary consultation regarding your car accident.