Visitor Question

No insurance information for the at fault driver…

Submitted By: Anonymous (San Diego, California)

My boyfriend’s dad got in a car accident in San Diego. The traffic was stopped while a car just hit him from behind very hard. Due to the hard hit, the dad hit the car in front of him and lost control. My boyfriend’s dad blacked out and was sent to the hospital. He also broke his leg.

My question is: What happens if you don’t get the information of the car that hit you? How can medical costs and car damage be covered if he has no information on the accident and remains in the hospital?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

You pose a very good question. Regrettably your boyfriend’s father’s scenario is an all too common one. Whenever there is a collision involving motor vehicles on a highway and someone is injured the police are almost always called out to investigate.

We would urge you to contact the police agency which responded to the scene. They will no doubt have an Accident Report, and if the police believed the driver who hit your boyfriend’s father left the scene, the police would have also filled out an Offense Report.

Both are public records. Securing those two reports would be the first action you should take. They will have the driver’s name and address. If the police have not apprehended him yet, they will soon.

Because

the at-fault driver who caused the collision also caused personal injury to your boyfriend’s dad and then left the scene of the collision without leaving his personal identification and insurance information, she committed a Felony in the State of California punishable by a State prison Term of up to 5 years and a fine of up to $10,000.00 dollars.

For the time being we suggest your boyfriend’s dad notify his own insurance company. Because your boyfriend’s Dad was not the person who caused the collision, and because apparently the at-fault driver left the scene without leaving her identification and insurance information, your boyfriend’s Dad’s insurance company will pay his medical bills.

In so doing those costs will not be held against him. He will not receive a “black mark” against him on his insurance. What will happen is, once your boyfriend’s Dad’s medical bills and other related expenses are paid by his own insurance company, his insurance company will turn around and “Subrogate” against the at-fault driver.

This means they will investigate the case and when they find the driver who left the scene, and they will, they will sue her for the money they paid for your boyfriend’s Dad’s medical and related bills.

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

Best of luck,

Published: August 5, 2011

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