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At accident scene police wouldn't give any police report info-said there was a 2 wk waiting pd. Ins co won't call us.

San Antonio, TX |

2 days ago my husband was hit pretty much head on at major intersection b/c other driver possibly didn't yield on green arrow. There was a witness. I immediately called our ins agent, he said not to let my husband leave scene w/o other driver's ins info. My husband repeatedly asked EMT & police for other driver's info asked them to please talk to witness. They all ignored my husband's requests, told him his sticker was expired (it wasn't, we have receipt & pics) strapped him on stretcher, threw other driver's tire into the back of my husband's truck, took him to ER and that was it. Called police dept later in the day, they said wait 10 business days, send $6.00, & self addressed stamped envelope. My ins co & ER were also negligent, but there's not enough characters for me to type all this

Attorney Answers 8

  1. Your husband has a claim against the other driver for both property damage and bodily injury, which includes past and future medical expenses, lost income and pain and suffering. It is not unusual for the police to separate the parties and not facilitate the exchange of information, especially if people are being taken away by ambulance. The report will have all of the other driver's information, including the insurance company and policy number. Your insurance company may have already taken steps to get the report as soon as its ready, so you can ask them for a copy. Otherwise, you can call the police department to find out when it will be ready and pick it up in person.

    In the meantime, if you are contacted by the other driver's insurance, do not give any statements about how the collision occurred or your husband's injuries. You should probably get a free consultation with a good Texas personal injury lawyer to help you in all respects.

    Good luck.

  2. Unfortunately this can be pretty common. The most important thing you can do is discuss your husband's case with a lawyer - Before you make any recorded statements with your own insurance or anyone else. This is because the insurance company (even your own) have a tendency to blame you for the accident if they think the other driver was uninsured and you might make a claim against your own policy. As crazy as that sounds it is true.

    In regards to the other driver's information, if you have their license plate number or picture of the care, a lawyer can normally track down who the other driver was. Additionally, whenever there is a major wreck they usually take both vehicles to the same place. If you go over to where your vehicle is being stored you can probably find out who the other driver is and take pictures of their vehicle as well. Any questions please do not hesitate to ask or leave a comment.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas and Illinois only.

  3. Mr. Rosenthall is correct that your husband may have a claim, that you should quickly contact a local personal injury attorney and that you should not speak to the other drivers insurance carrier or any of his/her representatives unless you have an attorney with you. I hope your husband recovers quickly.

  4. Your husband was obviously injured. Immediately consult with an experienced TX personal injury attorney and they can take care of all of your issues related to the accident.

  5. Hire a board certified personal injury lawyer. Do not contact anyone until you have done that.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.

  6. I think your question is how you get the other driver's insurance information sooner than waiting for the police report. I'm a little confused on your question because you've said the "insurance won't call us" which makes me think you know who the other driver's insurer is, they're just not responding to you.

    If you DO want to try and get the other driver's information sooner than the 10+ days you have to wait for the report, you'd need some identifying information on the other driver. If a client has a license plate I can run it on and we can try to contact the registered owner of the vehicle to ask for their insurance information. It is possible too that the company who towed your husband's vehicle also towed the other driver's vehicle, so the tow company may be able to give you a license plate if you don't have it. Alternatively if they confirm they towed both vehicles, but they won't give you the license plate over the phone, go to the tow yard to inspect your husband's vehicle and while you're there, look for the other driver's vehicle and make note of the license plate number.

    Unfortunately police officers regularly leave people in the dark on who insures the other party. In Houston HPD has little slips of paper called Citizens Exchange of Information Cards that they can (but don't always) use to fill in insurance information and exchange between the drivers involved.

    And I would agree with my colleagues that it wouldn't be a bad idea to arrange a free consultation with an experienced personal injury attorney in your area.

  7. Then he should retain a local personal injury lawyer. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee. Good luck.

  8. Your are focusing on the wrong issue. If you are injured, get to a doctor and then contact and attorney. Let the lawyer worry about getting your injury claims reported and set up for you.

    Most police reports do not take 10 business days to be ready. It might be ready in 5 days or less. Also, you can go down to the records department and get a copy of the report in person instead of requesting it by mail. But again, retain a lawyer and let the lawyer handle all this for you.

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