How Should I Deal with a False Auto Accident Claim Against Me?

Colburn Law

Posted in Car Accidents on July 1, 2023

Sometimes people lie, and we must confront this unfortunate reality when it occurs. In the context of car accidents, there are cases where individuals make false claims to profit from unsuspecting and innocent drivers.

Instances of fraudulent auto accident claims are not uncommon, and it is crucial to know how to handle these situations. Hiring a reputable attorney is often the best line of defense to protect your interests and establish the dishonesty of the other party.

Different Types of Auto Insurance Fraud

False auto insurance claims typically fall into two main categories: hard fraud and soft fraud. 

• Hard fraud is a more severe form of fraud wherein people stage accidents or injuries deliberately, causing intentional damage to claim insurance money. The act is both civilly and criminally punishable.
• Soft fraud originates from valid accident claims but includes distortions or exaggerations. Claimants might overstate their injuries or leverage pre-existing conditions unrelated to the accident to demand more compensation. 

How to Fight a False Accident Claim with Insurance

If you are insured and face a false claim, your insurer will take the reins in addressing the matter. Your responsibility is to provide the insurance adjuster with all the information about the accident: the sequence of events, witness contacts, and any photographs taken at the scene. The adjuster will thoroughly investigate the case; insurance companies are quite adept at identifying false claims.

In this situation, it is important to remember that your insurer’s interests align with yours. Because their funds are at risk, the company will do everything in its power to assess the claim’s validity and determine whether the claimant is telling the truth. 

How to Fight a False Accident Claim without Insurance

If you do not have car insurance, it is up to you and your attorney to prove that the accident claim is false. You might need to play detective, especially if you suspect the other party is faking their injuries.

Start by documenting all the details about the accident and the aftermath, from the collision’s nature to the participants’ behavior. Relevant evidence, such as photographs, witness details, and the police report, is critical for contesting a false injury claim.

Online platforms can provide invaluable clues about the claimant’s activities inconsistent with his or her claimed injuries. In some cases, your attorney can help you hire a private investigator who can gather evidence that could help prove your case.

If you’re facing a lawsuit, it might be beneficial to allow the process to continue. Your attorney can request the court for an independent medical examination; if the injuries cannot be medically substantiated, the lawsuit might be dismissed. In some cases, the claimant can be ordered to pay you if the lawsuit is deemed frivolous.

Contact a Washington Car Accident Attorney

Facing a false auto accident claim, whether you’re insured or not, can be an intimidating experience. The legal intricacies of such cases can be complex and nuanced; if you are unable to prove fraud, your insurance rates could go up and you could be liable for thousands of dollars worth of damages. 

In these situations, you need an attorney on your side. A Washington car accident lawyer can provide the guidance and resources that you need to prove the fraudulent claim and establish your right to compensation. Schedule a free consultation as soon as possible to discuss your next steps.