I was in an accident on the highway. My truck was stopped in traffic and so was the driver behind me. The driver behind me was rearended HARD. Enough so that it pushed his car into my truck and caused a total loss of my truck and his car. I hit nothing. Police were at the scene and a police report was made. After obtaining the report - I could not locate the at-fault driver with the insurance company, name, policy number, or address listed on the report (the information given to the police officer). I had to begin tracking the person down. It took me a month before I found them (April 23rd - date of accident - May 22 - today, the date I was finally able to get my truck looked at by an adjuster - note that it still is not repaired). They NEVER reported the accident to their insurance company. When I finally was able to contact an agent with their company, she stated "no, they did not make a claim, the first I heard of the accident was through you.". The insurance is listing my truck as a total loss now. Do I have grounds to sue the at fault driver for more money because they didn't report the accident or make attempts to contact me in regards to fixing my truck? I am assuming the same happened to the driver behind me as well. Do we have a solid/good shot at a successful lawsuit?
2 Answer from Attorneys
The at-fault driver has no duty to report the accident to his insurance company or to contact you. You have a very good shot at a successful claim against the at- fault driver's insurance company and/ or a successful lawsuit to recover the value of your vehicle, your medical bills, your lost wages, something for pain and suffering, and perhaps punitive damages depending upon the circumstances of the accident.
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Hope this helps.
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