How To Dispute a False Insurance Claim – Insurance fraud happens to be a never-ending problem across the country. People keep filing millions of auto insurance claims each day- but not all are legitimate. When you entangle yourself in another person’s fraud attempt, you will face a severe punishment.
False insurance claims are attempts fired at insurance fraud, which is a serious crime that comes with more than a year of punishment in prison in the U.S. It’s best to check if the false claim placed on you was a deliberate act. If the person who filed the claim intention was to illegally obtain money from the insurance company, then it’s an insurance fraud.
How to Dispute a False Insurance Claim
Here are the proactive steps to dispute any false insurance claim when you suspect that the other driver is trying to make a false claim against you. Either by making their injuries seem worse than it is or placing the accident blame on them. Or when it was completely their fault, or involving you in an accident you have little or no knowledge of. These are the steps to take:
Write down the accident details
Write down the whole details of the accident, from where it occurred, the day it occurred, the people that were involved, whatever was said by you or the other parties after the incident, and the number of injuries reported at the time of the crash.
Do some online Investigation
The driver’s social media profile will make a false claim against you, and will be thoroughly examined by your attorney to get evidence that they have been faking or trying to make a false claim against you by making their injuries seem worse than it is.
For example, let’s say the drivers are claiming to have broken their leg in the accident, but after you properly examine their profile, you figure out that they’re still working their labor-intensive jobs or going about their lives.
Hire an investigator
If you can’t get much from their social media profile. You can then hire a private investigator to help get more evidence that the other driver is making their injuries seem worse than it is. But it’s best to check with your attorney if this is a smart move for your case.
Working with an Attorney to Dispute a False Insurance Claim
When you learn that someone has someone submitted a false insurance claim against you. Hiring an attorney is a very good idea. Hiring an attorney ensures that the case is being handled strategically from a legal perspective. And won’t make any mistakes that would hurt your case, and make you plead guilty.
Those without car insurance, or those whose insurance company might likely decide not to defend because they were not alert of the claim in time, didn’t have valid insurance coverage during the time of the accident, should have an attorney on their side, which can be helpful for them. Your attorney can:
- Your attorney helps with the gathering of evidence to show that the other party is trying to make a false claim against you by making their injuries seem worse than it is.
- Your attorney stands in as your defendant in the court during the personal injury lawsuit
- Helps in recovering the damages lost during the fraudulence act
- Your attorney appealed to the insurance company’s decision not to defend you after the accident
These are the steps taken by your attorney to help you dispute a false claim against you. By understanding this, you’d make the right decision when a false insurance claim is filed against you.
Can your Insurance Defend you on your behalf?
If the case is a personal injury lawsuit filed by the other drivers, then your insurance company will defend you by providing legal counsel. But this defense duty may not apply to cases like:
- If the insurance company didn’t get a head concerning the accident within their time frame
- You have exceeded your limit under your policy
As long as you don’t fall under these two categories. Then your insurance company will help you defend against a personal injury lawsuit- especially if you are not found guilty of the claims placed on you.
Can you sue the other party?
Yes, when you dispute the other party’s fraudulent insurance claim. You can then sue them for the stress and financial losses caused by their fraudulent act by filing a personal injury lawsuit against them. This means you’re suing them for punitive damages, which are the punishment for the other party’s malice, fraud, or oppression. If they don’t have many assets, your lawsuit against them may not be successful. This is because the damages would come from their bank account.
It’s advised you talk to your attorney about whether suing for insurance fraud will make sense. Or you carry out basic research on the other party’s background to know if seeing them will be successful or not.
How much compensation can you secure?
Your financial losses could be recovered from the fraudulent accident if the personal injury lawsuit you file is successful. The compensation will cover the damages to your vehicles, the times you went off work and the legal fees. Non-economic expenses like emotional distress, or anguish; Theses can be help calculated by your attorney.