Legal Question in Personal Injury in California
My girlfriend was involved in an accident over a month ago, where she was at fault. The driver of the other vehicle did not want to call the police at the time because he did not have his insurance card on him at the time. Now he is trying to claim the accident through his insurance company. Is this legal?
Also my girlfriend since the accident has dropped the coverage on her car and has switched companies and has insurance on another vehicle.
2 Answers from Attorneys
Yes.
The insurance company your girlfriend should report the claim to is the insurance she had at the time of the accident.
There is no requirement that the police be notified when there is an accident if no injuries. Insurance policies do require that accidents be reported to the insurance carrier. Therefore, the other driver is doing everything right. Your girlfriend was required by the policy to report the accident to the insurance company she had when the accident occurred. She can still report the accident and should do that immediately. Her insurance company can refuse to cover the accident if the delay caused the insurance company a loss because of inability to investigate, loss of evidence or increased damages. That is unlikely but it happens occasionally and then you may end up paying the damages out of your own pocket for not reporting the accident as required by the policy.
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