When the Other Driver Does Not Want to File an Insurance Claim
If another driver has left you injured in a car accident, you have plenty on your mind. Your primary concern should naturally be moving out of harm’s way and obtaining any necessary medical attention. If in the midst of everything else, the negligent driver approaches you and requests that you bypass going through insurance, you may be at a loss regarding how to respond. This scenario happens more often than you probably think, and it is important to recognize that not going through your insurance companies is very likely not in your best interests.
What Is the Other Driver’s Motivation?
If the other driver is interested in foregoing your insurance companies, there is probably a reason. For instance, perhaps the driver has had several accidents and does not want his or her insurance premiums to skyrocket. More alarmingly still, maybe the driver does not carry adequate insurance – or any insurance. State law, however, dictates that if the car accident causes injury or results in at least $1,000 in damages, then the drivers involved are required to share insurance information and file a Crash Report through the Texas Department of Transportation.
The Other Driver
Whatever the other driver's motivation for bypassing the insurance companies, it is essential to focus on what matters most. Your car is damaged, and it does not take much to add up to $1,000 in bodywork. Further, if you have been injured, you are required to exchange the pertinent information. The point is that you do not know the other driver, and trusting him or her at this vulnerable juncture is not a good idea.
Protect Your Rights at the Scene of the Accident
If another driver’s negligence has caused you to be injured, you have rights. Ask the other driver for his or her insurance information, and if he or she refuses, you can alert the attending officer to the issue. With today's smartphone cameras at the ready, it also makes sense for you to snap pictures at the scene of the accident in corroboration of the damage that transpired. If there are eyewitnesses at the scene, gathering their testimony and contact information can also help. In the end, it is important to remember that the other driver cannot stop you from contacting his or her insurance company and that the driver is obligated to provide you with the information.