Non-responding uninsured driver
We were recently in an auto accident. The police were on the scene and verified that the other driver was at fault. There was about $3000 damage to our car. The other driver told the police he had insurance but did not have his proof with him. They decided not to ticket him for not providing proof but that is another matter. He listed a home address (not sure if it is valid), and a work phone number. When our insurance company tried to contact him at work, they were told that employees were not allowed personal calls at work. He has refused to pick up notices sent by mail. Our insurance company now informs us that if he will not provide information about his insurance company or sign a document stating that he does not have insurance, then they will not pay the claim - even though we have under/uninsured coverage. They say that they have to have proof that he doesn't have insurance for that coverage to be effective and that this is standard policy for all insurance companies.
What are my options? Is there anything criminal about crashing into someone's car and then just refusing insurance information? If he told the police he had insurance and does not, can he be charged with giving a false statement to the police? Can his license be suspended? What is the process to pursue this in court and what can I expect from the courts? How do you hire a process server? Can I have him served at work? If the courts find in our favor, can I have his wages garnished?
It's really frustrating. The police told us that they estimate that up to 40% of all drivers in Texas have no insurance coverage. There should really be some bite in the legal system and some retribution to the victims of uninsured drivers.
Any advice would be greatly appreciated. God Bless!