Legal Question in Civil Litigation in California
Auto Accident, no injuries
wo months ago, I was the victim of a hit and run accident. My insurance company has repeatedly attempted to contact the owner of the vehicle which hit me, but it seems that he has moved. I need to make his insurance pay for the damages to my vehicle, but neither the Police Dept., nor the California Department of Motor Vehicles will release the information, held by the DMV, on who the legal owner, or the insurance company, are. The reason we have a compulsory insurance law in this state, is to protect people like me from just this kind of situation. But, the so-called privacy laws here, are preventing me from using that information, to protect myself.
Yesterday, I was told by both the DMV and the Police Department which investigated the accident, that there is ''No way'' they can release the needed information to me, due to the confidentiality laws, in effect, in California. I already have the registered owner's name and address. Unfortunately, he has moved, and did not update his information with DMV. But, the legal owner is on record, and so is the insurance carrier. However, that information is not available either to me, or my insurance carrier, according to DMV.
3 Answers from Attorneys
Re: Auto Accident, no injuries
You (possibly through your insurance company) may need to file suit against the other driver and then subpoena this information. Depending upon the extent of the damage and the defendant's likely ability to pay, this might not be worth the expense and effort.
Re: Auto Accident, no injuries
You have to file suit and then subpoena the information. Nobody said he has insurance, and he probably doesn't.
Re: Auto Accident, no injuries
DO YOU HAVE UNINSURED MOTORIST COVERAGE? IF YOU DO CONTACT THEM AND REPORT THE ACCIDENT TO THEM AND LET THEM FIND THE OTHER OWNER OR DRIVER.