An auto accident can leave you dealing with extreme pain from an injury and financial losses, including medical expenses and lost wages. As soon as the dust settles and you have received the necessary medical treatment, several questions will likely run through your mind.
One of the most common questions most motorists ask after an accident is whether the other motorist has auto insurance coverage. The answer to this question could determine whether you will receive compensation for your losses or will have to use your money to cover the losses caused by the accident. While auto insurance is a mandatory requirement, not every motorist carries one.
Therefore, determining whether the other party carries an auto insurance policy is vital if you sustained injuries and other losses in a car accident. However, how will you know whether the other motorist is insured?
Why You Need to Know Whether the Other Motorist Carries Insurance Coverage
If you have sustained injuries in an auto accident, understanding the other motorist's insurance status is vital because it will affect your options for seeking compensatory damages for your losses. After an accident, you could qualify to receive compensation for your losses when you file a claim against the at-fault party insurer.
If the at-fault party is uninsured, you should consider filing a claim with your auto insurance provider to seek damages for your losses. However, doing so is not the best option because your insurance premium will increase once you file a compensation claim against your auto insurer. That is why most attorneys recommend seeking compensation using the at-fault party insurer.
To increase your odds of securing a favorable outcome on your compensation claim, you should gather the following crucial information from the other motorist:
- His/her VIN (Vehicle Identification Number)
- His/her license plate number
- His/her contact information
- His/her address
- The name of his/her auto insurance provider
The insurance claim process in the aftermath of a car accident can be confusing, but with the help of a skilled attorney, you could stand a chance of securing damages for your losses.
Steps to Finding Out Whether the Other Motorist is Insured After an Auto Accident
Your first step towards securing compensatory damages after a car accident is finding out whether the other motorist is insured. With that in mind, here are the steps you can take to determine whether the other motorist carries an insurance policy after an accident:
Exchange the Details at the Accident Scene
The easiest way to determine whether the other motorist carries insurance is to ask him/her to provide his/her insurance information while at the accident scene. Regardless of who is at fault in the accident, requesting insurance information from the other party is wise.
According to Vehicle Code (VC) 20002, motorists are legally obligated to provide their insurance information and contact details after an auto accident. However, that does not mean you should confront or force the other motorist to provide you with this information.
If he/she is uncooperative or unwilling to provide you with his/her auto insurance details, you should wait to collect their insurance information from the police report. Generally, there are vital details you should collect from the other driver after an accident to increase your odds of securing damages for your losses:
- The other driver's name
- The name of the other driver's insurance provider
- The phone number and address
- The other driver's insurance policy number
- The other driver's vehicle registration information
If the other driver offers you his/her insurance card, you can take a photo of the information using your phone or write it down if you do not have a smartphone. It is worth noting that fleeing the accident scene without exchanging this information with the other motorist could attract hit-and-run charges.
Involve the Police
While not all car accidents or collisions are reportable, some require police intervention. According to VC 20008, every motorist has a legal obligation to notify the police after an accident that involves bodily injury, death, or property loss of $1,000 and above.
When you fail or refuse to inform the police of a reportable car accident, you could face some penalties, including suspension of your vehicle registration or driver’s license. If you are unsure whether your accident involves bodily injury or property damage worth $1,000 or more, you should report the incident to the police to be on the safe side.
Once you report the accident incident to the police, they will arrive at the accident immediately, often accompanied by paramedics. Calling the police after an accident allows them to document the accident and collect vital details of the accident, including:
- Name and contact details of all the parties involved information
- The insurance information of all the parties involved
- The road signs around the accident scene
- The probable cause of the accident
If the other driver failed or refused to provide you with insurance details at the accident scene or you forgot to exchange the details, the police report will cover this information.
Hence, you should ask the police for a copy of their report after the accident. Aside from providing the other driver's insurance details, the police report can help your attorney prepare a viable compensation claim against the at-fault party or his/her insurer.
Contact the Department of Motor Vehicles (DMV)
If the other driver fled the accident scene or refused to exchange his/her insurance information with you, you can obtain that information from the DMV to begin preparing your claim. The DMV will provide you with the other motorist’s insurance information if you have a valid reason for your request, like being involved in an accident.
When you contact the DMV to request the other motorist insurance details, you should be ready to provide them the following information:
- A copy of the police report on the accident
- A valid reason for requesting the motorist insurance information
- Your contact information
The DMV will reject your request when you provide inaccurate or wrong details.
Contact the Other Motorist’s Insurance Provider
You gather the other motorist's auto insurance details through their insurance provider. However, you will need to know the other motorist insurance provider for that to be possible. Sometimes, the other motorist could provide you with the name of his/her auto insurer after an accident, but you need more information to file a compensation claim.
If the other motorist is willing to provide you with the name of his/her insurer, you can contact the company or agency for more information to prepare your claim, including his/her phone number. When you contact the other motorist insurer, you should be careful with the information you decide to disclose to the company because it could affect the strength of your claim.
Also, do not accept any recorded statement because it could apply against you during a lawsuit, minimizing your odds of securing maximum compensatory damages for your losses caused by the driver's fault.
Let Your Auto Insurer Handle it
After a car accident, you can let your auto insurance provider determine whether the other motorist is insured and his/her insurance information. However, you should file a claim with your insurer as soon as possible after the accident, regardless of who is at fault.
Filing a claim with your auto insurer initiates your claim process. However, you should remember insurance providers are profit-making companies, and they aim to make the most profit from their clients. Once you contact your insurance provider, you should tell them all you can remember about the car that hit, including the color and registration numbers.
However, you should be careful with the information you disclose to the insurance adjuster because they could use it to weaken your compensation claim. If the other motorist is underinsured or uninsured, your auto insurance provider could activate the personal injury protection (PIP) or uninsured/underinsured motorist coverage (UMC/UIM).
Usually, your auto insurer will include UMC/UIM insurance coverage in your policy unless you decide to waive it in writing. While it is optional, the UMC/UIM will offer you coverage when another motorist:
- Is at fault, but he/she does not have insurance coverage
- Is at fault, but he/she does not have enough insurance to pay for your medical costs and other losses
If you were involved in a hit-and-run accident where a victim is unidentified, your UMC/UIC will also come in handy to offer you damages for your losses. These insurance coverage options can compensate you for the losses resulting from the accident if you cannot rely on the other motorist’s insurance provider.
It is important to note that the insurance company will not offer you damages if you are at fault for the accident. However, if the liability is shared, you could receive damages based on your degree or percentage of liability.
Retain the Services of an Attorney
Securing compensation after an auto accident is a complex process, especially if the other motorist or his/her insurer is unwilling to offer you a favorable settlement offer. In that situation, filing a lawsuit against the at-fault party could be the only solution to secure damages for your losses.
If you have trouble verifying the other motorist's insurance information, the services of an attorney could come in handy. Hiring an attorney should be your priority soon after the accident. In addition to helping you investigate the other motorist’s insurance information, your attorney can help you:
- Determine the at-fault party in the accident
- Gather evidence to prepare your claim, including eyewitness testimonies
- Calculate your claim's worth
- File a compensation claim against the other party
- Recover compensatory damages through other alternative means garnishing the other party's wages if he/she is uninsured
Unlike what many assume, some auto accidents are due to other causes beyond a driver's control. Some accidents could be due to poor roadways or the auto manufacturer's mistakes. If you have an attorney, he/she can investigate the auto accident case to know who is at fault and file your claim as soon as possible.
How Will I Obtain Insurance Details for Rented or Leased Vehicles?
If you were involved in an auto accident with a rented or leased vehicle, you must understand how their insurance coverage works to file your compensation claim on time. Generally speaking, most car leasing companies will not allow people to use their vehicles if they do not have the necessary insurance coverage. This requirement is usually part of the lease agreement deal.
Generally, car rental companies offer many choices when offering insurance for rented cars. For example:
- The company could require the person to pay an extra cost for the insurance coverage
- The company allows the person to use his/her auto insurance policy if it offers coverage for rental vehicles
If you have sustained injuries in a car accident involving a rented or leased vehicle, your attorney can help you determine which insurance coverage will apply to your unique case.
Damages You Could Receive if Your Compensation Claim After a Car Accident is Successful
The purpose of finding the other motorist's insurance information after an accident is to stand a chance of securing damages for your losses once the dust settles. Depending on the size of the vehicle involved, whether the other motorist was speeding or the vehicle's freight, you could sustain the following injuries in an accident:
- Broken bones
- Scarring
- Whiplash
- Disfigurement
- Spinal cord injuries
- Paralysis
- Neck injury
- Back injury
- Post-traumatic stress disorder (PTSD)
Fortunately, all these losses are compensable in a successful claim against the at-fault party or his/her insurer. Generally, a successful compensation claim against the at-fault party auto insurer after an accident allows you to receive compensatory damages for economic and non-economic losses caused by the accident. The economic damages will cover all your monetary losses caused by the accident, such as:
- Medical expenses — This includes all the money you or your loved one have used on your medical bills, including over-the-counter medication costs and the costs incurred traveling to and from the hospital.
- Lost wages—If the injury caused by the accident required you to secure an unpaid break from your work, you should receive damages for the lost wages if your claim is successful. Similarly, if you are self-employed, you should receive damages for the income you could have earned during the recuperation period.
- Lost earning capacity—Sometimes, an injury resulting from a car accident could prevent you from working again, especially if you have a lost limb. Fortunately, if your compensation claim is successful, you could receive compensation for the lost wages.
- Vehicle repair— A successful compensation claim should also cover the cost of repairing and bringing your vehicle back on the road.
- Nursing assistance cost— Some severe injuries resulting from a car accident, like loss of a body limb or back injury, could affect your ability to perform your usual chores, necessitating you to hire a caregiver to help you. In that situation, your attorney will make sure your compensation includes nursing assistance or caregiver costs.
To strengthen your claim and ensure maximum compensation for your losses, you should keep all the evidence that can help you prove your financial losses, including vehicle repair receipts, medical cost receipts, and wage statements. On the other hand, non-economic damages will cover all the intangible and subjective losses resulting from the car accident, including:
- Pain and suffering
- Emotional distress and mental anguish
- Lack of enjoyment in life
- Humiliation
Fortunately, there is no cap on the amount of non-economic damages you could receive after an auto accident. How much you will receive for non-economic damages will depend on the following:
- The severity of your injuries
- How long are you likely to experience pain and suffering
- The accident impacts your daily life
- Your attorneys' mitigating arguments
In a severe car accident, you could also lose a loved one. Since he/she is not around to seek justice and compensation from the at-fault, his/her surviving family members can do so, including his/her spouse, children, siblings, parents, or grandparents.
If you lost a loved one in a car accident, with the help of a skilled attorney, you could also qualify for compensatory damages when you file a wrongful death claim. A successful wrongful death claim will allow you to secure compensation for the following losses:
- Funeral expenses
- Medical expenses
- Loss of consortium
- Loss of companionship
- The money the deceased incurred in the hospital before his/her demise
Find a Personal Injury Attorney Near Me
If you sustained injuries and property damage in a car accident, do not allow the insurance status of the at-fault motorist to determine whether you will receive compensation for your losses. With the legal help of a seasoned personal injury attorney, you can secure compensatory damages even if the other motorist is uninsured.
If you need legal assistance securing your compensatory damages after an auto accident, our profound attorneys at Los Angeles Car Accident Attorney can help. Call us at 424-237-3600 to discuss your case with our team of skilled car accident attorneys for aggressive legal representation to secure favorable compensation for your losses resulting from the auto accident.