Daily, numerous car insurance claims arise nationwide, but only a fraction are deceptive. Insurance fraud persists as a widespread threat to the innocent. If facing a false claim, legal assistance can aid in disputing it and restoring your credibility. Explore ways to combat a fraudulent insurance claim.
Check First if You Are a Victim of Insurance Fraud
Frequent false insurance claims hint at potential insurance fraud, a felony in the U.S. Identifying whether the false claim was intentional or accidental is crucial. Intentional deceit towards the insurer might constitute insurance fraud by the claimant.
What Is Insurance Fraud?
Insurance safeguards against unforeseen events, arising from nature or others’ negligence. Nevertheless, deliberately causing harm, amplifying injuries, or manipulating accident specifics for financial benefit from an insurer amounts to insurance fraud.
This deception splits into two key categories: hard fraud and soft fraud.
Hard insurance fraud
Hard insurance fraud happens when an individual deliberately stages an accident, portraying genuine or fake injuries or damages. This might involve causing a collision to pin the fault on you or creating a scenario to falsely attribute damages to you from other causes.
Soft insurance fraud
Soft insurance fraud happens as individuals amplify their injuries or damages to demand excessive compensation from the insurer. This may include linking a pre-existing injury to the accident to escalate their payout. Without fabricating the entire incident, they inflate their damages beyond the actual extent.
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In both instances, involvement in insurance fraud by another person can inflict harm. If they depict you as responsible for an accident, it might elevate your insurance costs or lead to an undeserved traffic penalty. Contesting deceitful insurance claims and fraud becomes crucial to reinstating your credibility.
Things To Do if Someone Makes a False Accident Claim
Do you suspect the other driver in your accident is crafting a false claim against you? Whether they’re exaggerating injuries, wrongly blaming you for their accident, or involving you in an unrelated incident, proactive measures can refute their claim.
Where To Report Insurance Fraud
Disputing a false insurance claim varies based on your car insurance status.
Policyholders depend on insurance adjusters to manage the issue, thoroughly investigating accident specifics. Accurate information aids in deterring fraudulent claims, as insurers aim to prevent unwarranted payouts and are skilled at detecting fraud.
Write Down the Accident Details
Document every element of the accident while it’s vivid in your memory. Note the accident site, timing, individuals involved, post-accident conversations, and reported injuries immediately after the event.
Do Some Online Sleuthing
Your attorney can assist in examining the other driver’s social media presence to find indications of overstated or invented injuries. For instance, if they assert a broken leg resulting from the accident, but you chance upon a Facebook photo showing them undertaking strenuous physical labor or preparing for a marathon.
Hire an Investigator
If social media lacks substantial information, consider engaging a private investigator to gather evidence of the other driver’s deceitful injuries. Seek guidance from your legal counsel to ascertain if this approach fits your case.
Sharing detailed crash information with your insurer thwarts deceitful claims. Alert them about suspicions and provide extra evidence for a thorough investigation.
When uninsured and confronted with a claim, self-action is vital. Working with an attorney ensures no vital steps are overlooked in countering the other driver’s deceit.
Utilize these instructions alongside your attorney to effectively challenge the false claim.
Can Your Insurance Defend on Your Behalf?
If faced with a personal injury lawsuit from the other driver, your insurer must provide legal representation unless:
- You didn’t notify your insurer within their set timeframe.
- The insurer reached the policy limit’s maximum.
- Unless these exceptions apply, your insurer should aid your defense, particularly if strong evidence of a fraudulent claim exists.
Can You Sue the Other Party?
If you succeed in disproving the other party’s fraudulent insurance claim, you may seek recompense for the stress and financial burdens endured. Opting for a personal injury lawsuit to claim punitive damages against them is an avenue to consider.
Punitive damages aim to penalize for malice, fraud, or oppression. These payments derive from their personal finances, potentially affecting the lawsuit’s outcome if they lack substantial assets.
Discuss with your legal counsel to assess the feasibility of pursuing an insurance fraud lawsuit tailored to your situation.
How Much Compensation Can You Secure?
If your successful personal injury lawsuit, you can recover financial losses resulting from the fraudulent accident, covering vehicle damage, lost work hours, and legal fees. Moreover, non-economic damages, like emotional distress, can be claimed, calculated with the aid of your attorney.
Working With an Attorney to Dispute a False Insurance Claim
Hiring a legal representative is vital upon encountering a deceitful insurance claim against you. Their strategic legal approach avoids detrimental errors in your case.
Their aid becomes crucial if your insurer denies defense due to late claim notification or inadequate coverage. Your attorney can:
- Gather proof of the other driver’s exaggerated or false accident
- Serve as your legal advocate in a personal injury lawsuit
- Aid in recovering damages from the deceitful claim Challenge the insurer’s refusal to defend you post-accident.
Looking for assistance in challenging a fraudulent insurance claim? Contact Sadaka Law today using the provided form for a free consultation with a seasoned attorney. Anticipate timely support to aid your case.