If you have been involved in a no-contact accident in California, you might find that your auto insurance company is not willing to help you at all and might outright deny your claim. The other vehicle has not hit your vehicle, but caused you to run off the road, get injured and damage your car.
Because the other vehicle did not have contact with your car, it is difficult to prove the other vehicle was responsible. You didn’t get a license plate number and you were most likely unable to get complete details about the other car, such as the make, model and color or a description of the driver.
What About the Other Driver?
The sad truth is that unless you have vivid details about the other vehicle that includes identifying information, you will not be able to sue the other driver. Your insurance company might put the blame on you and will deny your uninsured motorist claim.
If you don’t have full coverage, your claim is denied. If it is filed under a collision claim, you can’t recover all your damages and you will be paying out a deductible. No contact crashes are major disputes between drivers and their insurance companies.
The Insurance Company
Insurance companies are very strict regarding claims. You will need to find a copy of your insurance policy and carefully read it. A no contact crash should fall under the uninsured motorist coverage that is required by most states.
You cannot prove that the driver had insurance, so you will assume that they did not and of course, you cannot identify the driver. You will need to see what your policy says, consider if you have any corroborating witnesses, review the uninsured/underinsured motorist insurance requirements for your state, and the evidence you have that will support your claim.
Importance of a Witness
Since there was no contact made, a corroborating witness can help you win a claim. Many insurance companies have it worded in the policy that a corroborating witness is necessary before you can recover damages through your uninsured motorist policy. You also need to be careful about who your witness is depending on your coverage.
In some states, a corroborating witness must be an independent third party that you don’t know. That means a coworker, friend, or relative who is with you at the time of the accident cannot support your claim. That means it must be someone who is also traveling along the road that day, or who is standing in a parking lot or nearby and sees what happens.
Consult With a Personal Injury Attorney
If you have been injured in a no contact car accident, make sure you protect your rights. Consult with a personal injury attorney right away. Complete the Free Case Evaluation Form on this page, so you can have your details shared with an accident injury lawyer who can help you get your claim on the right track. There are time limits for pursuing a claim, so don’t wait until it is too late.
