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.
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.
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.
Learn more here: Arizona Car Accident Guide
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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