You should always tell the truth, but not everyone is so honest, especially when it comes to matters of finance. You want to believe there is good in everyone, but if someone is facing a situation where he or she may owe another individual a nice sum of money because of a car accident, that belief may quickly change.
What do you do if the at-fault driver in a car accident is knowingly misleading the insurance company? We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Collect Your Evidence
The first mistake you can make in a car accident is to only exchange information with the other driver. You need much more than that to protect yourself and your interests. Get the name and contact information, as well as insurance information, from the other driver. Get the names and contact information for any witnesses.
Take pictures of the scene of the accident, including the damage to your car and the other driver’s car. Contact the police and request a police report. You may not want to make it seem like you do not trust the other driver, but trust me, all of this information will protect you should you need it later.
File a Police Report
Following a car accident, the best thing you can do is call the police or at minimum, file a police report. Give the officer your side of the story, and this will be documented in a police report. Police reports have a lot of authority in insurance claims as well as in court.
Give the police names and contact information for any witnesses who saw the accident occur. Let the police contact the other driver but make sure they understand your side of the story. You may need this information later should a dispute occur.
Contact Your Insurance Company
After you make your police report, contact your insurance agent. Tell them what you told the authorities and let them know you filed a police report.
They may want a copy of this report, as well. Provide them with other evidence you may have, including pictures of the damage and location of the accident as well as names of witnesses and bystanders and contact information. The other driver may try to continue lying to your insurance company, but all this information will help in disputing their claims.
Mediation may be necessary if the other driver continues to counter what you are reporting. You do not necessarily have to hire an attorney for mediation, though it is recommended you speak with one. Before you head to arbitration, if it gets that far, definitely talk with an attorney and considering hiring one to protect your interests at arbitration.
Reporting Fraud
Lying to an insurance company is not just misleading. It can also be considered insurance fraud. Some individuals choose to knowingly mislead or make false insurance claims to get money from insurance that otherwise would not be given. It is an illegal act and should be reported as soon as it is discovered
If you believe that is what is occurring, inform the police, as well as your insurance company. However, keep in mind that this is a pretty serious accusation. Make sure you have all the facts before you do report this as a crime. If you have any question about whether this is occurring, it is always recommended you speak with a personal injury attorney first.
Contact an Attorney Today
If you are the victim of a car accident and believe the other side may be misleading the insurance company, you should speak with an attorney to discuss your case. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. Contact one in your area today to protect your financial and personal interests.
