Jill Kolodner | March 20, 2024 | Car Accidents
After a car accident, fingers will be pointed both ways, looking to blame the other. Even if you are the victim and another driver was at fault for the crash, you could be wrongfully blamed. The at-fault driver might even try to claim injuries that don’t exist and come after your insurance company for damages.
Sometimes, a car accident claim will be filed against you due to simple mistakes or a dispute over the facts. Other times, a car accident claim could be filed against you for fraudulent purposes. Different types of fraud could put you in the middle of an insurance dispute when you have your own injuries to attend to. In these situations, it is critical to focus on your legal rights and responsibilities.
Types of Insurance Fraud in Car Accident Claims
In a car accident claim, there are two main types of fraud that can happen: “Hard” fraud (premeditated) and “Soft” fraud (opportunistic).
- Hard Fraud (also known as “Premeditated” Fraud). This type of fraud involves individuals committing a deliberate act to stage a car crash. Staged auto accidents can be done by an individual or a group. For example, a driver might drive in front of you, then slam their brakes when the moment is right and cause you to rear-end their vehicle. Insurance scams using staged accidents are abundant, and if you are victimized by one, it can take time to get the facts straight and assert your legal rights.
- Soft Fraud (also known as “Opportunistic” Fraud). This type of fraud is less extreme than hard fraud. Soft fraud doesn’t involve people intentionally destroying property or getting into accidents that cause injury. In soft fraud cases, the other driver might have a legitimate claim against you for some type of damage. However, they will take the opportunity to exaggerate their claims to maximize the payout from your insurer. In some cases, the other driver might try to blame you for a pre-existing injury they had before the accident. For example, if they already have neck or back issues, they will try to convince your insurer that you are at fault for those conditions.
How to Protect Against Against False Car Accident Claims
The first thing to do after any car accident is to collect as much information and evidence as possible. If you’ve been in an accident, call the police to establish a police report and obtain medical help as soon as possible. Even if you believe you don’t need medical help at the moment, documentation of any medical issues will help in a personal injury claim later.
A police report will include statements from the drivers involved in an accident, perhaps with a diagram of the accident and other evidence. While the police report might initially assign fault to one driver or another, that determination is ultimately a finding for a judge or jury to make. Meanwhile, insurance companies will conduct their own investigations into an accident and the fault of either driver.
Make sure to cooperate with your insurance company if the other driver blames you for the accident. Provide them with as much information as you can to back up your own claim and disprove the other driver’s allegations. In addition to your own statements, physical evidence, witness statements, photos, and medical records can support your argument to the insurance company.
If you didn’t carry auto insurance at the time of the accident, it is in your best interests to contact an attorney with experience in fighting false car accident claims. You could be subject to liability and a money judgment if you did not have insurance.
How to Fight a False Car Accident Claim
If you believe you are being targeted in a car accident scam or the other driver is exaggerating their claims to get money from your insurer, you have no time to waste. Make your insurance company aware of all facts supporting you, and take legal action if necessary to stand up for your legal rights.
A Baltimore Car Accident Lawyer Can Help You Fight Back Against False Claims
If someone files a false car accident claim against you, it is not advisable to fight that battle alone. To minimize liability and fight for your own legal rights, contact an experienced Maryland car accident lawyer to investigate your claim and fight back against fraudulent activity.
Contact the Baltimore Car Accident Law Firm of WGK Personal Injury Lawyers Today For Help
For more information contact the Baltimore car accident law firm of WGK Personal Injury Lawyers to schedule a free initial consultation.
WGK Personal Injury Lawyers
14 W Madison St, Baltimore, MD 21201, United States
(410) 837-2144
WGK Personal Injury Lawyers – Dundalk Office
7329 Holabird Ave Suite 3, Dundalk, MD 21222
(410) 970-3080
