Demand Statement From Insured Policy Holders

On 10/28/17, I was at red light when I rear ended by a drunk driver. I was in the car with my husband and our two children. The guy who hit us has insurance. However, his insurance cannot get a hold of him for his "recorded version." I told his insurance company that I sent them the police report, the officer ID'd him by his DL. The report clearly states that he is at fault, received a DUI and was speeding. Even with this info, I cannot go through his insurance for damages because he did not provide his insurance with a statement. His Insurance can deny the claim because they cannot get his statement. The only way that I can go after him for reimbursement is through small claims court. I cannot believe that it is the law to have insurance on a vehicle but if you get in accident you are not required by law to report it! It should be the law that you have a certain amount of time to provide your verbal statement to your insurance. I could understand if the person at fault was injured and/or hospitalized, or no longer capable of communicating. I believe this is the only execption. There should be a severe consequence for not reporting an accident to your insurance within a certain time frame. I believe the punishment should be suspending their DL and warrant for their arrest. What makes this situation worse is that my children were in the car. We were all injured and missed a week of work. Bottom line, if you cause an accident, you should be held accountable. I cannot believe that there is a loop hole for this guy to get away with this. It appears he has done this before which makes it even scarier. I would not wish the stress of this entire situation on anyone. It is not fair and I pray that I can put this plan in motion so that no one has to experience this.

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