I was hit driving down 112. the guy doesn't have a license but car insured and registered to him but I cant find his insurance company to file a complaint. all I have is his name and date of birth and license plate number on the exchange of motorist information paper.
IIt is not clear if you are saying that the other vehicle is registered in NY but the insurance company is believed to be from/in Illinois, or that the car is also registered in Illinois. In NY, the Dept of Motor Vehicles has on file the identity of the insurance company for each registered vehicle. If Illinois does the same thing, then try contacting that State's Dept. of Motor Vehicles to see if you can get the insurance information for this vehicle. Having said that, you don't sue the insurance company; you sue the driver and owner of the car. If you were injured in the accident, consult and retain a personal injury attorney, who will do this all for you. You should also put your carrier on notice that you intend to file an "Uninsured Motorist" Claim (again, if injuries are involved), which notice should be done in writing and with proof of mailing, a.s.a.p. Again, any attorney you retain will do this for you as part of his/her representation of you for this claim.
You should report the accident to your carrier so you can get no fault insurance benefits (that cover lost wages and medical bills) and in case the other driver sues you or the other driver has no insurance. Your carrier should be able to figure out the other driver's insurance information.
It is unfortunate that you were involved in an accident. Keep in mind that if you were injured as a result of the accident, you will have to demonstrate that you suffered a serious injury within the meaning of Section 5102(d) of New York's Insurance Law before you can recover any compensation for pain and suffering.
You should contact an attorney in your area who can advise you on what needs to be done to establish a serious injury.
The attorney will also explain how you can determine the identity of the insurer for the vehicle and the driver, if there is any viable coverage.
I would also urge you to immediately contact your insurance company and provide it with a copy of the police report of the collision. If you have underinsured motorist coverage, notifying your carrier of the collision and of the commencement of a lawsuit are required to pursue your claim.
If it turns out that there is no viable coverage for the driver and vehicle that hit you, you will have to make a claim against your carrier for uninsured motor vehicle coverage. Again, you should really contact an attorney to guide you through this process.
Good luck and best wishes for a speedy recovery.
Initially, you don't need the name of the insurance company to file a complaint as the complaint would only name the owner and operator of the other vehicle. That said, since you have the plate number, its a simple matter of conducting a DMV search which any attorney that regularly handles car accident cases can do in a matter of minutes. You could also run a DMV search on the driver. If the vehicle is uninsured, be sure to put your insurance company on notice of an uninsured/underinsured claim. Similarly, if there is another insurance company but the vehicle is registered and insured out of state and the insurance company does not do business or write policies in NY, you want to notify your carrier (which should be done in any case). Good luck.
I agree with all of my counsel who previously responded.
However, another avenue, if you have an injury, is to retain a personal injury attorney. The attorney will file a claim for Supplemental Under Insured / Uninsured Motorist coverage with your own carrier. Your insurance company may end up moving heaven and earth to find out the name of the insurance carrier for this driver so they won't have to pay out from your policy.
Were you injured in this accident? If so, feel free to contact our office, or any other local personal injury attorney.
This is a tough question for car accident attorneys. Typically, there is a process for reporting the individual to the Driver License Bureau and they suspend his license until proof of payment on the claim or proof of insurance is submitted. In your case, he has no license. Options... 1) submit an uninsured claim to your insurance company and they will investigate him, or 2) hire an attorney and file suit against this person yourself.