Is it illegal for the other party to withhold their insurance information or provide me with expired paperwork after the accident?

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Is it illegal for the other party to withhold their insurance information or provide me with expired paperwork after the accident?

I got into an accident 2 weeks ago. When I asked him to send me his insurance he refused and said he would only meet in person to trade insurance. I did so willingly but found out that the insurance that he provided me was not only expired but it was also of an insurance company he is no longer with. I only know this because a different insurance agency called me the next day asking me for a statement to the claim. Is this illegal? Should I keep this in the hands of my insurance agency or go find a lawyer?

Asked on August 2, 2012 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The other party to an accident is not obligated to talk to or cooperate with you.

If your own insurance (e.g. collision) will cover your loss, you are probably best served by taking your payment from your insurer, then letting the insurer seek reimbursement (if appropriate) from the other driver. If your insurance will not cover all (or at least almost all) of your costs, then you should speak with an attorney about suing the other driver.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The other party to an accident is not obligated to talk to or cooperate with you.

If your own insurance (e.g. collision) will cover your loss, you are probably best served by taking your payment from your insurer, then letting the insurer seek reimbursement (if appropriate) from the other driver. If your insurance will not cover all (or at least almost all) of your costs, then you should speak with an attorney about suing the other driver.


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