Expert: Richard Hixenbaugh - 5/26/2009

Question
QUESTION: Hello, I was involved in an accident where there was no contact between the two cars and only vehicle damage. The police report identified the other vehicle as the "phantom vehicle" so therefore that driver is at fault. However, the vehicle that person was driving was a rental car, and after a few days of making calls back and forth between my own and that rental car's insurance companies, that company has denied to cover for the accident. The insurance info that other driver had given me was for the rental car, so the info written on the police report is not his "real" policy info. They told me I would have to work it out with the other driver because he/she was no longer under their insurance. So now I actually have two questions. Can that company deny me coverage because the vehicle is no longer rented out? Next, I contacted the other driver and he/she now refuses to give me his "real" insurance information. I'm left with a wrecked car and no insurance to turn to other than my own. Is there anything I can do?

ANSWER: Hi Nick,

If the other driver will not cooperate and give you his insurance information then you will have to take him to court. You will need to get repair estimates and then file suit in order to have the judge make him give you his insurance info. However, once you file the law suit the other driver will likely be willing to give you his insurance info.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: Thanks Richard, I will consider this. Is there anything I can do about the part where he gave me false insurance information which had expired a few months back? This false information was written in the police report too.

Answer
Hi Nick,

There is likely nothing you can do. People do make mistakes. Often people get new insurance cards and forget to put them in their car. He will likely claim that this was the case (even if it was not)and he would only be asked to provide the correct information.

I hope this helps
Richard Hixenbaugh