San Jose, CA asked in DUI / DWI and Car Accidents for California

Q: How do I get someone's insurance and driver license after an accident after he is arrested?

Another car and I were involved in a car accident by a guy who was speeding 80mph. I was hit first, then he tired to get away and hit another car, and then he tired to get away but he only got half a mile before crashing into a school. This happened at night so no students were around.

Police arrived two minutes later and it turns out the guy was drunk. He got arrested for two counts of hit and run and a DUI. However my car was totaled and the guy was too far to get information. Also he was arrested and taken away by police before we can get information from him.

How do I get the guy's insurance and license info because he was drunk and was taken away by police? What do I do if the doesn't have either?

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5 Lawyer Answers

A: Call the police, if the driver was arrested they will have the information you need. You should have "uninsured motorist" coverage which will help you if the other driver is uninsured, there is also a restitution process that may be initiated if the other driver is found guilty of a criminal offense.

Tim Akpinar and William John Light agree with this answer

A: When the police report materializes after the traffic safety officers prepare it, it should contain insurance information - name of carrier and policy number.

Tim Akpinar

William John Light agrees with this answer

A: more info needed.

go to the police station that took the report and ask for a copy of the report or contact the DA for the info.

you should report to your own insurance co and let them do the work above.

if the other guy does not have insurance you would present a UM claim against your own policy.

Tim Akpinar and William John Light agree with this answer

A: The police report should have his info. If not, an attorney can get it through a request to DMV, and/or hiring a private investigator. If he doesn't have insurance, you can turn to your own collision coverage to get your property damage repaired, and to your own UM coverage for your bodily injury claims, if any. If you didn't carry this insurance, you might qualify for some relief from the Victim Compensation Board. https://victims.ca.gov/victims/ You might also get a Restitution Order from the criminal court as part of the resolution of criminal charges against the driver, if any. You might also file your own personal injury and property damage lawsuit against the perpetrator in Small Claims, or with the assistance of an attorney. Frequently, people without insurance do not have sufficient income or assets to make such lawsuits profitable, but every case is different.

Tim Akpinar agrees with this answer

A: An attorney can help you get that info once they represent you. Call an attorney for a free consult to help you.

It would be much easier than trying to get the info from the police since the person was arrested by yourself.

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