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The person at fault is avoiding the claim

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jordanleo

Junior Member
What is the name of your state? CA

I was in an accident a month ago. I was completely stopped at a stop light and another driver rear ended me at about 50 mph. I was also pushed into the car infront of me. The police came and filed a police report, to which they found the other driver at fault for both cars because she admitted to looking at her cell phone instead of the road (unsafe speed, unsafe driver).

Fast forward to now. My insurance company has the police report but says they cannot release the information on it to me. They tell me that because she is at fault I need to file a claim with her insurance company. The problem is, her insurance policy (which they did provide me) entered on the police report is the incorrect policy number. My insurance company claims to have tried to reach her but has not yet received a response. My representative also happens to be on vacation now, and his secretary is rude to me. She said someone else is going to handle my claim for the time being but this person was not available.

I did not take down her information because I was hauled off in an ambulance. All I have is her name, a phone number she doesn't answer, and a car make/model with license plate number. Her insurance company says there are too many people with the same name as her and refuses to find out who it is until I provide more information.
 


jordanleo said:
What is the name of your state? CA

I was in an accident a month ago. I was completely stopped at a stop light and another driver rear ended me at about 50 mph. I was also pushed into the car infront of me. The police came and filed a police report, to which they found the other driver at fault for both cars because she admitted to looking at her cell phone instead of the road (unsafe speed, unsafe driver).

Fast forward to now. My insurance company has the police report but says they cannot release the information on it to me. They tell me that because she is at fault I need to file a claim with her insurance company. The problem is, her insurance policy (which they did provide me) entered on the police report is the incorrect policy number. My insurance company claims to have tried to reach her but has not yet received a response. My representative also happens to be on vacation now, and his secretary is rude to me. She said someone else is going to handle my claim for the time being but this person was not available.

I did not take down her information because I was hauled off in an ambulance. All I have is her name, a phone number she doesn't answer, and a car make/model with license plate number. Her insurance company says there are too many people with the same name as her and refuses to find out who it is until I provide more information.
Poster, did you have a legal question?
 

jordanleo

Junior Member
Yes. If the person who hit me continues to avoid making the claim and will not provide me with her correct information so I can make the claim myself, will I run out of time to make one? Also, if she intentionally gave the police officer the wrong insurance policy number for her car so I could not make a claim, then wouldn't that be fraud?
 

MHH

Junior Member
jordanleo said:
My insurance company has the police report but says they cannot release the information on it to me.

Have you gotten a copy of the police report yet? Not sure what the rules are in CA. In my case in NC, I was told I could pick up a copy of the police report the day after the accident for a fee ($3). It had a world of necessary info. It had both parties names, addresses, insurance companies and policy numbers, etc. It had a sketch of the accident and a narrative explaining who law enforcement felt was at fault. You should try to get a copy if you can.
 

JETX

Senior Member
Finally... a LEGAL question!!!

jordanleo said:
Yes. If the person who hit me continues to avoid making the claim and will not provide me with her correct information so I can make the claim myself, will I run out of time to make one?
Yes. File on YOUR insurance NOW. Let your insurance company take care of your claim and they will pursue her.

Also, if she intentionally gave the police officer the wrong insurance policy number for her car so I could not make a claim, then wouldn't that be fraud?
No.
 

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