What if the other driver refuses to cooperate after an accident?
How to stay safe, stay calm and let the police handle a difficult driver
Most drivers trade information after a crash. But some refuse. Some get angry. Some offer cash and want to skip insurance. Some drive away.
You do not need to win that exchange. Your job is to stay safe, record what you can and let the police handle it. This guide shows what to do and what to say.
Refusing is the other driver’s legal problem
Many state laws follow a national model called the Uniform Vehicle Code. These laws require drivers to give their name, address, registration and insurance after a crash. Drivers must also show a license if asked. Maryland’s law, for example, spells out the insurance details drivers must share [1]. Leaving without doing this is a hit and run.
Why some drivers refuse
Often, the reason is insurance. About 15.4% of U.S. drivers were uninsured in 2023. About 33.4% were either uninsured or underinsured. That combined share rose 10 points since 2017 [2]. These figures are estimates, and rates vary a lot by state.
Some crashes are staged on purpose. The National Insurance Crime Bureau (NICB) describes the “swoop and squat.” A car cuts in front of you and brakes so you hit it from behind. It also describes the “drive down.” A driver waves you in, then hits you [3, 4]. Learn the other warning signs of staged crashes.
NICB’s tips are simple. Do not tailgate. Always call police to the scene. Photograph the damage and the number of people in the other car [3, 4].
Situations and what to say
Comparison compiled by Safety Behind the Wheel Foundation
Stay calm and hand it to the police
| Situation | What to do | Words that keep it calm |
|---|---|---|
| Refuses to share information | Photograph the plate, the car and, if safe, the driver. Call the police. | “The law requires us both to exchange. I’m calling the police so they can handle it.” |
| Offers cash to skip insurance | Still collect the license, plate and insurance. Decide about cash later. | “I’d like to swap insurance information first. We can talk about paying privately afterward.” |
| Says it was your fault | Do not argue. Give the facts to the officer. | “Let’s let the police sort out what happened.” |
| Raises their voice or comes toward you angrily | Stay in the car, lock the doors and call 911. | “I’ve called the police and they’re on the way.” Say it through a closed window. |
| Seems drunk or high | Do not confront them or try to take their keys. Call 911 and describe what you see. | “I’m going to wait for the police.” |
| Pushes a certain tow truck, clinic or lawyer | Say no. Use your insurer’s tow or the police tow. | “Thanks, I’ll use my own.” |
| Drives away | Note the plate, make, color and direction. Call 911 now. | Say nothing. Let them go. |
Compiled from police and insurance fraud guidance cited in this article.
If the other driver is threatening
Call 911 right away if
- The other driver threatens you or tries to get into your car
- The other driver seems drunk or high
- Anyone is hurt
- The other driver leaves the scene
Never block the other car, take the keys or follow a driver who leaves. Write down the plate, make, color and direction instead. Our guide to aggressive driving and road rage has more ways to stay calm and safe.
If the other driver offers cash
Taking cash is legal. But it does not erase your legal duties. State reports still apply when damage passes the state’s limit. California’s SR 1, for example, is required for damage over $1,000, even with a private deal [7, 8].
Your policy also likely requires prompt notice of a crash. Collect the license, plate and insurance first. Decide about the cash later. If the driver turns out to have no insurance, see what to do when the driver who hit you has no insurance.
Questions to ask your insurer after a difficult exchange
Question checklist from Safety Behind the Wheel Foundation
- What do you need from me if the other driver would not share insurance?
- Does my uninsured motorist coverage apply if I only have a plate number?
- How soon must I report a hit and run to police for my coverage to apply?
- Should I report this crash even if I took cash?
- Can you find the other driver’s insurance from the police report?
Frequently asked questions
What should I do if the other driver refuses to give insurance information?
Stay calm and do not argue. Photograph the plate and the car from a safe distance. Call the police so they can handle it. The law requires drivers to share this information [1].
Should I accept cash instead of going through insurance?
It is legal, but be careful. Swap insurance details first. A state report may still be required [8], and your policy likely requires you to report the crash. Hidden damage or injuries may show up later.
What if the other driver drives away?
Let them go. Note the plate, make, color and direction. Call 911 right away. Leaving without sharing information is a hit and run.
The bottom line
Recommendation from Safety Behind the Wheel Foundation
One habit helps in almost every case: get the police involved early. It calms things down, records a refusal, catches impairment and helps stop fraud. In some states, a quick report also protects your uninsured motorist coverage. Stay safe, stay calm and let the police handle it.
Related articles
- When the other driver flees the crash scene
- When the other driver’s insurer says its driver wasn’t at fault
- DUI and DWI laws by state: BAC limits, suspensions and interlocks
- Parking lot accidents: what to do if you hit a parked car or find yours damaged
- Your teen’s first car accident: a guide for teens and parents
Sources and further reading
- 1Maryland Code, Transportation, sections 20-105 and 20-105.1. law.justia.com/…/section-20-105
- 2Insurance Research Council. Uninsured and underinsured motorists news release. 2025. ircweb.org/…/PR%20_IRC%20%20Uninsured-Un…
- 3NBC4 (Columbus). National Insurance Crime Bureau tips on staged crashes. digital-release.nbc4i.com
- 4Automotive Fleet. Staged accidents and how to spot them. automotive-fleet.com/…/staged-accidents-and-how-to…
- 5WROC (Rochester). Police advice for drivers after a crash. digital-release.rochesterfirst.com
- 6Kansas Highway Patrol. Aggressive drivers. kansashighwaypatrol.gov/wjcu
- 7Maison Law. What to do when the other driver offers to pay. July 2023. maisonlaw.com/…/other-driver-offers-to-pay
- 8California Department of Motor Vehicles. Report of traffic accident occurring in California (SR 1). dmv.ca.gov/…/SR-1-SR-1A-R1-2017-ASB-WWW.…
This article reflects the safety priorities of crash response and personal safety. It offers general education, not medical, legal or insurance advice. Laws and policies differ by state, so check official sources where the crash happened. Reviewed November 2026.
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