What If You Are Injured in an Accident in Florida, and the Other Driver Doesn’t Want to Go Through Insurance?
Sustaining an injury in a car accident is never a welcome incident for any person. This experience can become even more frustrating if the negligent driver that caused the accident refuses to provide you with their insurance information in an attempt to avoid liability. If you or a family member was in a car accident in Florida, do not hesitate to contact an experienced Miami car accident lawyer as soon as possible. Injury attorney Prosper Shaked recognizes the dilemma of confronting a driver that refuses to hand over their insurance information, and we are to help you manage your injury claim. The Law Offices of Prosper Shaked explains what to do if a negligent driver does not want to share their insurance information.
What to Do if a Driver Refuses to Share Insurance Information in Florida
After a car accident, it is expected that the drivers involved in the accident will speak to each other to exchange insurance information. While it is true that Florida is a “no-fault” state that requires drivers to turn their own insurance after an accident, there is still a valid reason to exchange information with another driver. For example, if your insurance cannot cover expenses incurred due to the accident, the victim may have to pursue a claim against the negligent motorist’s insurance company. That is why it is important to consider the following steps when a driver refuses to share insurance information after a car wreck.
Avoid a Confrontation with the Other Driver
If the driver that struck your vehicle refuses to cooperate with attempts to exchange information, you should avoid a confrontation with them. Trying to force a driver to provide insurance information could lead to a possibly violent incident. Instead, you should gather as much information about the driver of the vehicle and the type of vehicle they are operating. For example, you may be able to gather the following information without speaking to the driver:
- The make and model of the vehicle
- Color of the vehicle
- The license plate of the car if visible
If a driver does not want to exchange insurance information, it could be for a number of reasons. For instance, if the negligent driver has not obtained insurance coverage for their vehicle, they will want to avoid exchanging information.
It would be best if you did not consider any attempts to get you to handle the situation without going through your insurance company, as it could lead to many other issues. For example, if a driver offers to pay you money directly, it may not be enough to have your vehicle repaired, or it could be insufficient to receive medical treatment for a serious condition like a brain injury caused in the crash. Additionally, the other driver may offer to pay you at a later date only to avoid all communication about the accident after they leave the scene.
Unless you have an agreement in writing and signed, it will be difficult to prove that the negligent driver offered to pay for the damage to your vehicle and other injuries or losses you may have sustained.
Contact Law Enforcement
Your best option to gather the information you need is to contact law enforcement and request their help. You should inform the law enforcement officer of the circumstances of the accident and that the other driver refused to provide you with their insurance information. Law enforcement may be able to help you get the information you need.
It is possible that the other driver may refuse to remain at the scene of the accident to wait for law enforcement. If the other driver flees the scene of the accident, you should wait for law enforcement and provide them with information about the driver and their vehicle. Please do not attempt to pursue the driver as they could become irate and irrational.
Report the Accident to Your Insurance Company
Whether you were able to retrieve the other driver’s information or not, you should report the accident to your insurance company as soon as possible. If you were unable to get all the insurance information, you should give your company all evidence you have concerning the accident. This may help your insurance company and law enforcement track down the driver that hit you.
As mentioned, Florida is a no-fault state for car insurance coverage. However, if a victim’s injuries are severe, permanent, or may cause disfigurement, the victim can pursue compensation from the negligent driver directly. This exception allows the defendant to file a personal injury lawsuit against the motorist responsible for the crash.
If you encounter a driver that refuses to exchange information after an accident, you should consider taking these steps that may help you seek the compensation you deserve.
Work with Our Trusted Florida Car Accident Lawyer the Details of Your Car Accident
If you were severely injured in a car accident that occurred in Florida, you should contact an experienced Miami personal injury attorney today. With several years of experience litigating car accident cases, personal injury attorney Prosper Shaked is here to provide you with legal representation that is tailored to your specific needs. The Law Offices of Prosper Shaked believes that a victim of a car accident should not have his or her life burdened due to the actions of a reckless driver. To schedule a free legal consultation to speak about the details of your potential case, contact the Law Offices of Prosper Shaked at (305) 694-2676. Our firm can also be reached online.