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Rear-End Collision, Police Failed To Get Statement

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Veranor

Member
What is the name of your state (only U.S. law)? Texas

Situation: Rear-End Traffic Collision

(2nd time on here, hey all thanks in advance)

I was stopped at a traffic light recently when a person hit me from behind. I called 9-1-1 and got the EMS and fire to the scene. They took me to the hospital (I did not have a chance to exchange insurance information or anything else).

A police officer visited me at my hospital bed and asked for my information. I gave it to them. The officer then stated that the other driver, the one who hit me, was not at the scene anymore and they did not get the person's statement / insurance / etc.

A week later I asked for the police report and contacted the detective assigned to the case. The detective reported that the accident was ruled as an uninsured motorist incident and the other person's information was not taken by anyone.

I've contacted my insurance company and they are working on obtaining the report and investigating themselves. My vehicle is about to be totaled (according to the adjuster). I've also suffered severe whiplash and other various items preventing me from doing my job. Additionally we had a newborn baby the week prior, so this also affects my personal life in ways I did not expect.

So now I've got a pile of medical bills, a medical deductible, and insurance deductible, and prescriptions I can't pay for, on-top of my vehicle being totaled and undrivable.

I have no idea what to do. Does anyone have any tips?
 


Zigner

Senior Member, Non-Attorney
If the other driver can't be found, what do you expect the police to do?

Perhaps you can post flyers or put ads in the local paper(s) asking for witnesses to come forward? Beyond that, there is not much that can be done.
 

Veranor

Member
I would agree with that, but for some reason, the insurance company is spitting blood (metaphorically) and the police department is giving the runaround.

I've got the detective assigned working on this and he should get back with me. But aren't they supposed to keep the driver(s) there if someone has to go in an ambulance?

I'm just not sure of what policies the PD / EMTs / Fire have to follow in this event. Does anyone know?
 

ecmst12

Senior Member
The EMTs were there to take care of you. They have NO obligation to get involved with anyone who's not injured or get any information about the accident itself.

Apparently the other driver fled either before the police got there or before any officer was able to get the license plate information (which I would think is the same thing since police normally take down license plate information by instinct).
 
The lack of a police report is rather meaningless. Its a hit and run accident. Your insurance company should treat it as such. Did you have full coverage or just liability? I don't know if the insurance company treats hit and runs as an uninsured motorists or not -- so I don't know about you vehicle damage coverage.

You should have gotten the driver's info at the time of the accident.
 

Veranor

Member
The lack of a police report is rather meaningless. Its a hit and run accident. Your insurance company should treat it as such. Did you have full coverage or just liability? I don't know if the insurance company treats hit and runs as an uninsured motorists or not -- so I don't know about you vehicle damage coverage.

You should have gotten the driver's info at the time of the accident.
I wish I could. I was in some pretty bad pain at the time and the last thing I was thinking about was the guy's insurance.
 

Veranor

Member
The lack of a police report is rather meaningless. Its a hit and run accident. Your insurance company should treat it as such. Did you have full coverage or just liability? I don't know if the insurance company treats hit and runs as an uninsured motorists or not -- so I don't know about you vehicle damage coverage.

You should have gotten the driver's info at the time of the accident.
We have a police report, but it's basically blank lol.
 

ecmst12

Senior Member
If OP was injured severely enough to need transport by ambulance, he was probably in no state to get the driver's information.

Most likely, the insurance company will REQUIRE a police report confirming that the other driver was unable to be identified before allowing an Uninsured Motorist claim. A collision claim could proceed until then. And not all states allow Uninsured Motorist Property Damage coverage - if yours doesn't, then collision coverage is your only hope for getting your vehicle covered. An Uninsured Motorist Bodily Injury claim could be made for injuries (with a police report), but the rules would be the same as a liability claim, meaning you pay for your treatment up front (or use your health insurance) and when your treatment is COMPLETE, then you make ONE claim for reimbursement for the medical bills as well as any other damages.
 

Veranor

Member
If OP was injured severely enough to need transport by ambulance, he was probably in no state to get the driver's information.

Most likely, the insurance company will REQUIRE a police report confirming that the other driver was unable to be identified before allowing an Uninsured Motorist claim. A collision claim could proceed until then. And not all states allow Uninsured Motorist Property Damage coverage - if yours doesn't, then collision coverage is your only hope for getting your vehicle covered. An Uninsured Motorist Bodily Injury claim could be made for injuries (with a police report), but the rules would be the same as a liability claim, meaning you pay for your treatment up front (or use your health insurance) and when your treatment is COMPLETE, then you make ONE claim for reimbursement for the medical bills as well as any other damages.
Yes, my agent is getting the report now. According to her, I have to use collision if they make a final ruling that it is an uninsured motorist accident, which means I pay my deductible. She did ask me to write a demand letter and itemize all of the expenses, but didn't tell me to write it to someone specific yet. That point of the conversation ended with the "I am not a legal expert" bit and that I need to seek legal advice because it sounds like its getting to that point.

Also, I think the policy for Austin PD is to send a uniform to any wreck where EMS is called, and a uniform to the hospital. That info was given to me by someone with inside knowledge how things work there. I don't know if that's true.
 

CdwJava

Senior Member
A POLICY is an internal rule, and not a matter of law. All because medics were dispatched does not mean that an officer was dispatched, or that he or she was able to respond in a timely manner.

In short, there will be no cause of action against the police for failing to get the information concerning the other party. if the other party failed to stick around in violation of the law in your state, then it is likely a hit-and-run offense and the insurance company should address it as such.

Since a report was generated - even if it contains little to no info on the other party - any legal or policy requirement would appear to have been met.
 

HighwayMan

Super Secret Senior Member
Also, I think the policy for Austin PD is to send a uniform to any wreck where EMS is called, and a uniform to the hospital. That info was given to me by someone with inside knowledge how things work there. I don't know if that's true.
What's your point? The police DID respond to the scene and DID respond to the hospital.
 

HighwayMan

Super Secret Senior Member
You should have gotten the driver's info at the time of the accident.
Brilliant advice. Tell that to everyone as they are laying on a stretcher being put into an ambulance and not too aware of what's going on around them due to the trauma of a vehicle collision.
 

Veranor

Member
What's your point? The police DID respond to the scene and DID respond to the hospital.
That wasn't a statement of fact. I don't have the slightest idea. Only going off of what was told to me. I was *told* (again, not a statement of fact) that they're supposed to accompany EMS to the accident at the time they are dispatched.

HighwayMan said:
Brilliant advice. Tell that to everyone as they are laying on a stretcher being put into an ambulance and not too aware of what's going on around them due to the trauma of a vehicle collision.
I actually asked them to let me get the guy's info. They said I needed to go and that would be taken care of by the police.

CdwJava said:
A POLICY is an internal rule, and not a matter of law.
Yes, absolutely correct. I am not sure that there is a law somewhere stating that. The term given to me was indeed "policy" and not law.

So far, what I'm getting is to let the agent sort this out for now. I appreciate all the help everyone. It helps to have insights from multiple perspectives on here, since I have no clue how to proceed.

On to physical therapy lol...
 

Zigner

Senior Member, Non-Attorney
That wasn't a statement of fact. I don't have the slightest idea. Only going off of what was told to me. I was *told* (again, not a statement of fact) that they're supposed to accompany EMS to the accident at the time they are dispatched.
You need to take things that you *hear* with a healthy dose of skepticism. Think about it...if the police MUST accompany EMS every time, then EMS would need to wait until a police unit is with them before they proceed to the accident scene. Does that make sense?
 
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