If my parents were in an accident, how can they file a claim if the owner of the car refuses to give them their insurance info, etc.?

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If my parents were in an accident, how can they file a claim if the owner of the car refuses to give them their insurance info, etc.?

My parents were involved in an accident where someone else was driving. The owner of the car has liability insurance and my parents were both hurt. The owner refuses to give me the name and policy number of her insurance company. What can I do to file a claim for them?

Asked on February 5, 2019 under Accident Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your parents can sue the driver. It is voluntary for the other driver to provide his/her insurance information outside of a lawsuit; and even if he/she did, it is voluntary for his/her insurer to pay the claim. Only suing the other driver, proving his/her fault in causing the accident, and winning the case (getting a court judgment in your favor) compels the other driver and/or his insurer to pay compensation. Your parents therefore, if they were both hurt (and presumably suffered car damage, too) should strongly consider filing a lawsuit against the other driver. They need to do this--while you can help them and provide moral support, you can't file a lawsuit for them unless you are an attorney. If they have suffered long lasting injury or impairment or incurred significant out of pocket expenses or bills, they should definitely consult with a lawyer.


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