CAN A DRIVER REFUSE TO FILE AN ACCIDENT ON HIS CAR INSURANCE?
Posted on Wednesday, December 12th, 2018 at 7:15 am
California is an at-fault state for car accidents. Accident victims must prove that the other driver caused the collision to recover compensation for damages and losses. Proving fault is a key element in car accident cases, including cases involving car insurance claims.
California’s Requirement for Car Insurance
Because California is an at-fault state, drivers are required to carry a minimum amount of liability insurance. The state requires liability insurance to protect accident victims when a driver causes a car accident. The requirements for liability car insurance in California are:
- $15,000 for physical injuries to one person in a car accident
- $30,000 for physical injuries per car accident
- $5,000 for damage to property in a car accident
Liability insurance does not pay the driver compensation for damages when the driver causes a car accident. The driver’s insurance company only pays damages to victims injured in an accident caused by the insured, including other drivers, passengers, bicyclists, and pedestrians.
Can a Driver Refuse to Provide Information About Insurance Coverage?
Drivers are required to produce evidence of liability insurance if a law enforcement officer requests proof of insurance. Proof of insurance is also required when a driver renews a vehicle’s registration. In addition, a driver is required to provide proof of insurance when the vehicle is involved in a traffic collision.
Furthermore, the California Vehicle Code requires insurance companies to insurance information for private vehicles to the Department of Motor Vehicles. Therefore, if you are involved in an automobile accident, and the driver refuses to give you his or her insurance information, you should be able to obtain the information from the Department of Motor Vehicles.
Refusal to File a Car Insurance Claim After a Traffic Accident
If another driver causes an auto accident, you have the right to file an accident claim with the driver’s car insurance provider. The other driver does not need to file a claim for you to file your claim. You can file a car insurance claim with or without the other driver’s consent. Therefore, the other driver cannot prevent you from filing an accident claim with his or her car insurance provider.
However, filing an accident claim is only the first step in the process of recovering damages for a traffic accident. As discussed above, you must prove the driver caused the crash before you can receive compensation from the car insurance company. In addition, you must prove you suffered damages caused by the accident, such as physical injuries and financial losses.
Fighting a Car Insurance Provider for Compensation
Car insurance companies deny and undervalue accident claims to save money. You may need a Sacramento car accident attorney to help you with your claim. In most cases, it is in your best interest to take advantage of a free consultation with our Sacramento car accident attorney before discussing your claim with an insurance adjuster for the other driver.