Refusal of joint report: what to do?

 Refusal of joint report: what to do?


In the event of an accident, you may be confronted with a refusal to complete an amicable report from the other motorist. In this case, it is better to keep calm and gather as much information as possible, in order to assert your rights with your insurance and to be compensated if necessary.
Refusal of joint report: the different scenarios
In the event of a road accident, the discussions that follow between the drivers involved do not always take place courteously. If the situation is contentious or in case of refusal to sign the joint report, two scenarios are possible.
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Refusal of amicable report without hit and run
First hypothesis, following the accident, the other motorist stopped to see the situation. However, he refuses to complete or sign the joint report. If he leaves you his contact details and those of his insurer, know that he is in his right and that his refusal does not constitute a hit and run. In this case, you still have to write a report on your own and send it to your insurance company.
Refusal of amicable report with hit and run
Another possibility: the other motorist fled immediately after the accident, without noticing the accident and without leaving you his contact details. In this case, whatever the reason for the flight (responsibility incurred, lack of insurance or driving license) he is guilty of hit and run, according to article L.434-10 of the Penal Code. It is advisable to file a complaint with the police.
Read also: Hit and run after a car accident: what steps?
Refusal of report: what to do for the loss to be recognized?
First rule to follow in the event of a dispute or refusal of a report after a car accident: keep calm and remain courteous. If the other motorist is hostile, aggression will only escalate the situation. Instead, remember to collect as much information as possible to establish the finding afterwards:
The driver's contact details (surname, first name, address);
Vehicle information (license plate, make, model, color);
Insurance information.
If he refuses to provide you with this essential information, and even if he has immobilized his vehicle, the motorist is committing a hit and run.
If the other driver is aggressive or threatening, do not take unnecessary risks: raise his license plate in the optics of a possible complaint. To complete the file to send to your insurer, you can also take photos of the damaged vehicles and the scene of the accident. The testimonies of people who witnessed the accident can also be added to the file to attribute responsibility for the loss. Please note: the testimony of your passenger(s) is not considered valid.
If the driver in front of you is in a state of obvious intoxication, again, be careful and immediately notify the police (police or gendarmerie). Of course, the driver's drunkenness must appear clearly on the report, in the box dedicated to observations.
What compensation can be expected following a refusal to report?
If your vehicle is insured against all risks, you will be compensated for the damage caused to your vehicle, minus the amount of the deductible.
If it is not insured against all risks, you will be compensated according to your liability and the recourse exercised against your adversary and his insurer.
However, you should know that the author of the refusal of joint report can fill one in a second time. In this case, the two insurance companies will then try to assess the responsibility of the two drivers in the accident. If they cannot agree, then the responsibility will be shared, each driver will then have compensation reduced to 50% of the deductible.
On the other hand, if the other driver does not complete an amicable report, the two insurance companies will attribute responsibility for the accident to the driver in a situation of refusal. Its coverage will then cover your repairs as part of the civil liability guarantee included in all auto insurance contracts.