Pile-up caused by drunk driver, but police report is blank?

by Clint

I was involved in a 3 car collision caused by a DUI driver. I was lucky and got only scrapes, some people got life flighted from the scene. The drunk driver wasn't hurt badly either of course. My car was totaled.

I went and got a police report after a few days to get the DUI driver's info and insurance carrier, but that info was blank. She was arrested at the scene, so I figured I had to wait until the police finished the processing. I waited 2 more weeks and yesterday the police report still had not changed.

How do I get the insurance info on her so I can get another vehicle? Luckily I had 2 cars but my back up, the one I'm driving now, isn't in the greatest shape. Also, what can I do if she doesn't have insurance? Anything else I should know? Thank you for your time.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Pile-up caused by drunk driver, but police report is blank?":

Clint (California):

Here are your options:

First: Contact the police department. From the facts you present, there may be two reasons the investigating police officer failed to include the driver’s insurance information in the police report. The driver may not have been insured, or the officer may have been delinquent in his or her duties.

Here’s a downloadable version of form SR-1 "Report of Traffic Occurring in California". You can see Section A is the area in which insurance information is listed.

Here's more information on using police reports to help your claim.

Second: Ask to speak with the investigating officer. Find out why he or she failed to include the driver’s insurance information in the accident report.

Third: Ask to speak with the investigating police officer’s supervisor.

Fourth: Contact the local prosecutor's office and ask to speak with the prosecutor assigned to the driver's DUI case. Let the prosecutor know you were one of the victims and have been unable to obtain the driver’s insurance information.

If the prosecutor tells you the driver was uninsured and is going to be placed on probation for the DUI, ask the prosecutor to place a requirement (as a condition of the probation) that he or she pay you restitution for the damage to your car.

Fifth: If you exhaust those options without success, you can sue the driver.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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