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06-30-2004, 12:43 PM
| | | | auto crash/guilty party witholding information What is the name of your state?What is the name of your state? Oregon
I was in auto accident in March (2004). My car was totalled and I sustained injuries that has put me out of work and jeopardized my career (carpenter), and my home.
The "at fault" party has refused (in spite of supposed certified letter demands from my attorney and supposed calls from my ins agent) to give out their insurance information (name, policy#, agent, etc)... making it very difficult to handle my case.
As a result, my insurance company is accusing me of fraud and doing their best to deny my claim... saying my injuries were not from the accident (I have proof they are). According to my agent "we just want our money back!"
I know my agent is lazy, but is my lawyer negligent as well? Is it that easy for the "at fault" party to get away with witholding information crucial to the accident?
What recourse do I have? Any advice, answers, ideas welcome. Thank-you | 
06-30-2004, 01:25 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 18,460
| | | Was a police report filed? If so, THEY should have that information. If none was filed, why not?
Carl
__________________
A Nor Cal Cop Sergeant
"Make mine a double mocha ...
And a croissant!" He Who Kneels Before God
Can Stand Before Anyone
....author unknown
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06-30-2004, 02:43 PM
| | | | juliemg Hi Carl,
I filed an accident report myself (the following Monday), but there was no police report. It was ironic, as the crash was right in front of a courthouse. As I was exchanging info with other driver, a police officer did show up... took a brief look at my car, asked if were were getting the info we needed (I said "yes " as we were in the process)... and the officer simply left. (I did get his name-and badge # for my report.)
I have a rubber bumper (91 firebird), so it didn't "look" like there was much damage (til I drove away w/ "square wheels", or so it felt like.) Besides being "frazzled" and a little sore at the site, I wasn't aware of the extent of my injuries (until that night and on- getting progressively worse), so I dismissed everything as minor.
After officer left, I found out the kid didn't have his insurance card with him. I did file an accident report, contacted insurance (mine), and tried to get insurance info from other driver's mother- who would not give it up (only that they were with Kemperer Direct).
I called the DMV myself today... the kid's license was suspended on June 6th because he refused to respond to the DMV. They said I could do an insurance search on the "at fault" vehicle's plate ..at a DMV's office for $10.. which I will do asap.
I just don't understand why it's so hard to get this information...maybe for civilians, but not for my insurance company and attorney. I'm just not sure where to go from here. | 
06-30-2004, 03:33 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 18,460
| | | Even we can't force the information out of him. However, had he failed to provide the information to the officer, he could have been charged with a criminal act (provided it's a crime not to provide that info to the police in OR).
And I don't kow why YOUR insurance company is giving YOU a hard time. Mine went after a twit who backed up into my wife. They wouldn't cough it up either, but they went after them and got all the info - including that he had a suspended license.
They can at least bring civil action against the other party - small claims or otherwise. It worked in my case.
I would remind them that it's their job to represent you. And I would consider getting another company when this is all said and done.
Carl
__________________
A Nor Cal Cop Sergeant
"Make mine a double mocha ...
And a croissant!" He Who Kneels Before God
Can Stand Before Anyone
....author unknown
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