Rear Ended by Driver Who Refuses to Give Her Insurance Information...

by Mike
(Kearny, Arizona)

On Friday, December 23, 2011 my wife and I were hit from behind while driving. My wife was the driver due to my neck and back surgery three days before the accident. My wife also had a c-section two weeks before.

My wife asked the other driver involved for her insurance information after the collision, but she only wanted to give us her name and phone number, then she took off. She did call us back and said it was going to take her awhile to find a safe place to pull over to give us her insurance info. In the meantime my wife was rushing me to urgent care after noticing I was not breathing normally.

Since then the other driver refuses to give us her information or even answer her phone. When we did speak she said that because we did not file a police report she assumed we said not to worry about it. Any ideas on how we should handle this situation? Thanks.

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 "Rear Ended by Driver Who Refuses to Give Her Insurance Information...":

Mike (Kearny, Arizona):

From the facts you present it appears neither you nor your wife suffered any injuries other than some initial shock and anxiety. You may have suffered some property damage but if you did, it seems it may have been minor.

It's pretty simple. If the woman refuses to give you her insurance information, and also won't answer her telephone it is readily apparent she doesn't want to speak with you. She either doesn't have insurance, or has it and doesn't want to rely upon it.

You need to be careful about repeated telephone calls to the woman. Sometimes people say things when they are upset and only learn later their statements were recorded. Some people have left messages which might be legally construed as threatening or harassing. Both are crimes.

If she doesn't want to cooperate, then stop leaving messages. You can either file a claim with your insurance company and let them pay the damages to your car, or sue the woman for your property damage in small claims court.

By the manner in which you present this case it might be implied you are looking for some sort of compensation for your labored breathing or anxiety. It's not going to happen. But if you have medical documentation proving more serious injuries then it's a different story altogether.

Inasmuch as the lady hit you from behind your insurance company won't hold the accident against you. Rather, they will pay your property damage and then will "subrogate" against the other driver. That's a fancy legal term which means they will sue the woman personally to recover the money they paid to you.

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

P.S. Please help us out by sharing this site...

Comments for Rear Ended by Driver Who Refuses to Give Her Insurance Information...

Click here to add your own comments

Rear-ended doing 50 mph...
by: Anonymous

I was rear-ended by a lady doing about 50 to 55mph. I was stop at a light waiting and she hit me so hard I broke my steering wheel when I slammed into it. The force of the impact caused my car to hit the car in front of me and caused back-end damage to that car.

I didn't receive any citations or tickets from the police. I did go to the emergency room, but now I'm having throat and neck problems. My truck was totaled.

Should I get a lawyer or handle the insurance company myself?

After a Car Accident in Ohio You Must Exchange Information
by: Anthony Castelli Attorney

After a car accident in Ohio you must exchange information. Here is the basic requirement:

-Name, address and contact details.
-Driver license number.
-License plate number of the vehicles involved
-Auto insurance information for the motorists involved

You should make a police report even if it is delayed as this gets your story on record.

You also may be required to file a form with the Ohio bureau of motor vehicles. Call your insurance agent and ask if this form is required given your circumstance.

Click here to add your own comments

Return to Rear-end Collision Questions.

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: