After a crash, a lot of drivers will not want to “get insurance involved.” They think that, by working around insurance, they can save money and avoid having their rates go up for causing a crash. However, these drivers are often putting you at risk, and you might not be able to get full compensation if they refuse to provide insurance.
If the driver refuses to provide you with their insurance info after a crash, the police can often help. You should call them to the crash scene anyway, and they can require the driver to provide proof of insurance. If that fails and the driver still refuses, you can still get compensation from the at-fault driver in a lawsuit.
For help with your car accident case, call the Rhatigan Law Offices at (312) 578-8502 to speak with our Illinois personal injury attorneys.
What Should You Do if the Other Driver Refuses to Provide Insurance Information?
Don’t try to engage more than necessary with the negligent driver who refuses to provide their insurance information after a crash, and call the police so officers can get the information you need.
Call the Police
Always call the police after a car accident, especially if the at-fault driver refuses to provide their insurance information, as required by law in Illinois. Police officers can deal directly with stubborn or hostile drivers, while you receive hands-on medical attention from paramedics.
Don’t try to fight with the other driver; let the police handle it.
Take Photos
You can also take photos if the other driver refuses to give their insurance information. Take pictures of anything that could help us identify the driver, such as their vehicle and license plate number.
Identify the Driver
If the driver refuses to provide their insurance information and flees the scene before police arrive, our attorneys can investigate the collision to identify the at-fault driver. We may obtain security footage from private surveillance cameras near the crash site, interview eyewitnesses to see if they can provide any identifying information, and even work with law enforcement, as fleeing the scene of an accident without exchanging information is illegal in Illinois.
How Can You Get the Other Driver’s Insurance Information After a Car Crash?
After an accident, you should always call the police, and they can handle getting insurance information for you if the other driver is being difficult.
Ask the Driver
If a crash involves personal injury, Illinois law requires participants to stop at the scene. Drivers must also give their contact info to the other driver and “render aid,” so they should stop and speak to you after an accident. If the driver does not provide their insurance upon your request, that is likely because they do not have insurance.
Read the Police Report
Illinois also requires you to alert the police to the crash “by the fastest means” available to you.
When police respond to a crash, they usually arrive with an ambulance. The officer will write up a report about what happened.
For their report, they are likely going to ask for everyone’s insurance information. If the driver does not have insurance or is unable to produce proof of insurance, the police officer will likely issue them a ticket. Because of this added pressure to produce their insurance, the driver will likely give up trying to stonewall you and actually produce their insurance card if they have insurance. If they still refuse to let you see their information but do show it to the police, you can ask the police for it at the scene or get it later from the police report.
Why Wouldn’t a Driver Show Me Their Insurance After a Crash in Illinois?
Drivers must have insurance to drive on the streets of Illinois. Your policy must cover at least $25,000 per person for injury and $50,000 per crash, plus another $20,000 in property damage coverage. Drivers might not provide you with their insurance information after a crash because they do not have insurance or because they want to avoid notifying their insurance, which is often a violation of their policy, if not outright insurance fraud.
They Don’t Have Insurance
If a driver does not have insurance, they cannot produce proof of insurance. The fact that the other driver in your crash is arguing with you and refusing to show you their insurance card is a strong indication that they might not have insurance at all.
They Don’t Want Insurance Rates to Increase
Alternatively, many drivers try to pay out of pocket for injuries and simply issue a check to the victim to prevent their insurance rates from rising. This could be incredibly harmful for several reasons.
First, the check might bounce or get canceled after you walk away from the crash, so you should never trust a personal check. Second, you could have injuries and damage you do not yet know about, so you should never accept a settlement before getting medical care and consulting with an Illinois car accident lawyer about what your case is worth. Third, by failing to report the accident to one’s own insurance company, a driver could violate their policy. This could even constitute insurance fraud, and you might be committing fraud as well if you do not inform your own insurance company about the crash.
How Do You Get Paid for Car Accident Damages if the Other Driver Doesn’t Have Insurance?
The fact that the other driver does not have insurance might reduce your chances of getting your damages paid for. Insurance is meant to ensure that the driver has enough money to cover injuries after a crash, since many people cannot afford to pay for damages out of pocket. That means that if you get hit by someone who does have insurance, there will be at least $25,000 there (the minimum policy limit) to cover your injuries. If they do not have insurance, that does not stop you from getting compensation directly from them.
File a Lawsuit Against the Driver
Drivers can still be sued for the accidents they cause. If they have insurance, that will help them pay, but they can still be forced to pay out of pocket for the damages they cause if they don’t have insurance. In a lawsuit, you can win a court order for them to pay you directly.
Some defendants are what we call “judgment-proof” in that even when there is a judgment against them, they cannot pay it, so you cannot collect. However, many people do have the funds to cover injuries and might have assets we can attach to the case to pay for the damages they refuse to cover through insurance or out-of-pocket payments.
Use Your Uninsured/Underinsured Motorist Coverage
Illinois auto policies must have uninsured motorist coverage that can help you pay for your injuries if the other driver does not have insurance. The minimum coverage is $25,000 per person/$50,000 per accident. You file this claim with your own insurance company.
What Happens After You Find the Driver Who Refused to Provide Their Insurance?
Once we have identified the driver who refused to provide their insurance information, we can check their coverage and pursue compensation.
When filing a claim with the negligent driver’s insurance, we still need proof of fault. Their refusing to provide their insurance information or even fleeing the scene after the accident is not proof of negligence or liability, so we need additional evidence, such as photos and eyewitness statements.
We will then review all of your recovery options to determine what path may yield the most compensation.
FAQs About Getting Compensation if the Other Driver Refuses to Provide Insurance in Illinois
Do You Need an Attorney if the Other Driver Refuses to Provide Insurance Information?
Without an experienced attorney’s help, you might be unable to track down the negligent driver who refused to provide their insurance and other identifying information after a car accident in Illinois, stopping you from getting sufficient compensation.
How Common Are Hit and Run Accidents in Illinois?
Hit and runs are relatively common in Illinois’ major cities, like Chicago, which is why having uninsured/underinsured motorist coverage is highly recommended.
Can You Still Get Paid if the Other Driver Refuses to Provide Insurance?
You can still get paid if the other driver refuses to provide their insurance information at the scene, as our car accident lawyers may obtain it after investigating and identifying them. If they are uninsured, you may still get some compensation, so don’t assume this is impossible.
Are There Penalties for Refusal to Provide Insurance in Illinois?
Drivers who refuse to provide their insurance information after collisions face license suspension, fines, and license reinstatement fees. There are also penalties for driving without insurance, which is illegal in Illinois.
Is an Investigation Worth it if the Other Driver Refuses to Give Their Insurance?
If you suffered any injuries or damages due to a negligent driver, identifying them after they leave and refuse to provide their insurance information is worth it, especially when doing so lets you recoup most or all of the damages you incurred.
How Can Your Lawyer Find the Driver Who Refused to Provide Their Insurance?
Our attorneys can find the driver who refused to provide their insurance information by reviewing all the photos you took, listening to eyewitnesses’ accounts, and analyzing any available video footage.
Call Our Illinois Car Accident Lawyers Today
For a free evaluation of your accident case, call (312) 578-8502 to speak with the Chicago car accident attorneys at the Rhatigan Law Offices.
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