No Insurance Due to Non-Cooperation by the At-Fault Driver

If the at-fault driver fails to cooperate with their insurance company after an accident, it can create a serious problem: their insurer may try to deny coverage altogether. In other words, even if you were injured and the driver clearly caused the crash, there could be no insurance coverage to pursue. This happens because an auto insurance policy is not just a piece of paper — it’s a contract between the policyholder and the insurance company, with obligations that both sides must follow. One of those obligations is known as the cooperation clause, and it’s one of the most misunderstood parts of an insurance policy.

The cooperation clause requires the insured (the at-fault driver) to assist their insurance company in defending and resolving claims. This means that if someone files a claim against them — such as after a car accident — they must provide information, give statements, attend depositions, appear for court if needed, and generally respond to the insurer’s efforts to handle the case. The reasoning is straightforward: the insurance company cannot defend or settle a claim if the person being accused of negligence refuses to participate.

So, what happens if the driver disappears, ignores phone calls, or refuses to cooperate? In those cases, the insurance company may attempt to deny coverage under the non-cooperation clause. Essentially, the insurer says, “We wanted to defend our insured, but they made it impossible, so we’re no longer obligated to pay.” This can leave injured victims — who did absolutely nothing wrong — stuck in a frustrating situation with no clear way to recover damages for medical bills, lost wages, or vehicle repairs.

However, insurance companies cannot simply walk away whenever they choose. The law generally requires that, to invoke a non-cooperation clause, the insurance company must demonstrate actual prejudice. This means the insurer has to prove that the at-fault driver’s failure to cooperate genuinely harmed their ability to investigate or defend the claim. For instance, if the driver completely disappears and the insurer can’t confirm what happened, find witnesses, or respond to a lawsuit, that might be considered prejudice. But if the driver was just slow to respond or missed a call or two, that’s not enough to cancel coverage.

This is where having an experienced personal injury attorney becomes critical. A skilled attorney can take over communications, gather documentation of the insurer’s actions, and, if necessary, file a lawsuit against the at-fault driver directly.