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Just about everyone knows it is necessary to exchange names, addresses and telephone numbers with others involved in a motor vehicle collision, but some people, including the police, do not know they are required by law to give the name of their liability insurance company. In fact, some people, especially if they believe they are not at fault, will refuse to give the name of their insurance company. Certainly when this is the case and persuasion fails, you will have to look to other sources to obtain the information.

If the police investigate the accident, the name of the insurance company of all person involved in the event generally will be reflected on the police report. If this information has been refused to you at the scene by some other person involved in the event, you may request the police officer to obtain the information and pass it to you or be sure that it appears on the police report.

The applicable Texas statute is Sec. 550.023 of the Texas Transportation Code. It creates a duty on the part of an operator of a vehicle to provide certain information. It provides that:

The operator of a vehicle involved in an accident resulting in the injury or death of a person or damage to a vehicle that is driven or attended by a person shall:

(1) give the operator's name and address, the registration number of the vehicle the operator was driving, and the name of the operator's motor vehicle liability insurer to any person injured or the operator or occupant of or person attending a vehicle involved in the collision.

If an operator refuses to provide this information at the scene, this is a good reason to give to the police to request their immediate assistance at the scene.

In Dallas for instance the police do not like to investigate a collision where they believe there is no personal injury involved and the damage is small and to vehicles only, but if they are advised a person is refusing to identify themselves or provide the name of their insurance carrier, they can usually be persuaded to come to the scene to assist in obtaining this information.

At the scene you can remind the police office, you would like to have the insurance information and are entitled to it under the provision of the above law. However, if the police officer refuses to give you the information immediately, you may politely remind him of your right to the information at the scene or at least his obligation to obtain it. If the officer still refuses to give it to you at the scene, do not push the issue just be sure he completes an official report of accident. When you get a copy of the police report the information is usually recorded there.

Now for some of the more difficult situations that may occur.

Some people do not give their correct name or current address even though required to do so by the above statute. They may fail to provide a correct telephone number or may not have proof of automobile liability insurance available to them. There are many reasons why these things may occur, not the least of which is plain lying and trying to get out of their responsibilities. While dishonesty is not yet the norm, it almost is.

Often times a drivers license does not reflect a current address because the person has moved since it was issued or last renewed. It will, however, most often give the person's full name, date of birth and the number of the drivers license, if he is not using a false drivers license or one belonging to some else. All of this information should be recorded if possible.

In the event the other operator of a vehicle involved in the accident may not give his correct name, current address or telephone number, try to get as much other information as you can, such as his date of birth, place of employment and work telephone number. Do not over look the number on any driver's license he presents, the correct spelling of his full name, his date of birth, and vehicle license tag number or you may have a bigger problem than you will be able to solve later.

Most people willingly exchange this information with you and if requested politely will volunteer a lot of useful information. Record it all and check out as much as you can at the scene. For example if the person give you a home telephone number or a work number and you have a cell phone dial them immediately to verify them. If there is any discrepancy, you can pretend you took the number down incorrectly and ask them to give them to you again.

There are many reasons why misinformation is given not the least of which is plain lying; but by far the most common reason is that the address of the person taken from the drives license exhibited at the scene is simply not current.

People in this country move around a lot and often. An accurately spelled name, current address and contact telephone number are vital pieces of information. If you have the full name and date of birth, along with a valid tag number exhibited on a vehicle, it is usually possible to trace a person to their current address or place of employment using services readily available over the Internet, like "PublicData.doc," "County Tax Rolls" or "Registered Vote Lists," applicable to the county where they indicate they live.

Even telephone numbers without an address often can be traced on the Internet using a "Reverse Look up," telephone directory or a listed telephone number can be located using an address search. The Internet is a very useful tool in locating information about a person involved in a collision as well as about witnesses who may give you only a name, address or telephone number.

Do not forget, you can telephone 1411 for the information operator. Give either the number to get an address or give the address and get a telephone number if it is listed.

A telephone number may be given inaccurately or taken down inaccurately. The name of an insurance company may not be known for one reason or another, especially if the person does not have available the "proof of insurance" card our law requires an operator to have in the vehicle at all time.

When you are given information at the scene, try to politely and in a non-aggressive manner verify its accuracy in some other way. For example, before asking to see the other person's drivers license to determine if they have one to record the number and other information reflected there, just politely ask the person if you may know their name and where they live? Write down what you are told, then ask to see their drivers license and willingly offer your own information and drivers license for them to see. This maneuver will enable you to verify the information you have been given or not. In the latter case you may again politely request an explanation which will also give you a good excuse to ask for a place of employment name and telephone number or may be a cell phone where the person can be reached.

If the person lets you see a drivers license, It will then be a simple matter to determine if the address given to you matches up with the one on the driver's license. If they do not, write down the address which appears on the license and then ask the person which one is the current address. If you get a look at the person's drivers license, write down the number of the license, the full name and date of birth that appear there. Also take a good look at the photograph on the license to see if it is the same person.

If the other operator, for whatever reason refuses to provide information or let you see his drivers license, this is a good reason to telephone the police and request their assistance at the scene and tell them why it is necessary to come immediately. Just state in a calm but business like tone of voice that the other operator is refusing to identify himself, produce a valid drivers license or proof of insurance. This will usually get you a police officer and if the accident is investigated this information will be reported on the police report.

It is vital to obtain as much accurate information at the scene as the other operator and persons at the scene are willing to provide. If you can, obtain a telephone number for a place of employment. It always helps, if you show you are willing to exchange such information with the other operator. Many times you can obtain a useful business card just for the asking.

Even though most of the information will appear on the police accident report, if there is one, it may not be written in a legible handwriting, it may not be as accurate or complete as you would like it.

Do not overlook recording the year, make, model and license tag number on all vehicles involved. These items will help you later on, if there is no police investigation or report.

Lastly, if there is anyone who claims to be a witness to collision or who stops to help, try to get their full name, home and business and telephone numbers. Ask for a business card. Many people carry them and are less hesitant to provide their business information than their home information.

If you are asked if you are hurt where you do not think so immediately and there are no obvious wounds or bleeding, it is best to simply answer, "I seem okay now, but I am not sure what I will feel like tomorrow after that impact." If you are asked if you require and ambulance under the same circumstances, and you do not think you are sufficiently injured to go to the hospital from the scene, it is best to simply answer, "I seem okay and probably do not need an ambulance to take me to a hospital. I will seek out medical care on my own if something unexpected develops."

But, if you feel you are injured, whether you see wounds or blood, do not refuse to be taken by ambulance to a hospital to be checked out. Better to be safe than sorry.

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