Fraudulence is legally defined as deliberately trying to profit from a deceitful act. A person can commit insurance fraud by filing a false claim. Filing a claim for compensation for pre-existing or nonexistent injuries is personal injury insurance fraud. People can also commit fraud when they have a valid claim if they overstate the severity of their injuries to receive a higher settlement. Unfortunately, this isn’t uncommon in car accident cases and it’s important to look out for fraudulent claims should they arise.
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What you should do to protect yourself from fraudulent claims
Since fraudulent claims occur often in car accident cases, insurance companies offer tips on how to protect yourself from fraud. Nationwide and the National Insurance Crime Bureau recommend the following tips:
- Use your phone’s camera to take pictures of accident damage at the scene
- Call the police to report the incident, and be sure to obtain a police report with the officer’s information
- Write down important details from the accident, including contact information and the license plate of the other driver
- Report the accident to your insurance company as soon as possible
- Avoid tailgating while driving so criminals can’t intentionally set you up to rear-end them
- Avoid people who seem dishonest, including those who arrive at the scene and immediately recommend you contact a particular lawyer or physician
Types of false claims
Insurance fraud cases fall into one of the following categories:
- Premeditated fraud: This type of fraud occurs when a person commits a deliberate act with the goal of receiving an insurance settlement as a result. Someone who is experiencing financial issues may get rid of a piece of property, such as their car, and claim that it had been stolen so they can seek compensation. A more extreme example of premeditated fraud includes people intentionally injuring themselves as a reason to file a personal injury claim for compensation.
- Opportunistic fraud: This type of fraud is less extreme than premeditated fraud since it doesn’t include a person intentionally injuring themselves. People who commit opportunistic fraud take advantage of situations in which they have already filed a claim and exaggerate the extent of their injuries in an attempt to receive more compensation.
How to prove someone submitted a false car accident claim
The first thing you should do if you believe you have discovered a false claim is to collect as much information about the claim as possible. It’s important to determine whether you’re correct about a violation of the False Claims Act before taking further steps and pursuing legal action.
You can commence legal action against the false claims once you are confident you have properly identified the situation. You may also bring these claims to the attention of the government by reporting them to the correct authorities. The best thing you can do in this situation, however, is to contact an experienced attorney first. An attorney who has handled fraudulent claims will be able to guide you through the situation and tell you what your options may be. They will also explain how the fraudulent claims may impact you personally.
How to fight false injury claims
There are multiple avenues you may take in order to fight false claims. Common methods for pursuing false claims include filing a complaint through an attorney, contacting the agency directly involved, or reporting the issue to the government. How you choose to fight the false claim may depend on whether or not you have the proper insurance coverage, so that is something to take into consideration as well.
Hire an experienced attorney
While it may be incredibly stressful to have someone file a false claim against you in a car accident case, you may be able to recover costs incurred from the fraudulent claim. By retaining an experienced car accident lawyer from Adam S. Kutner, Injury Attorneys, we will review accident reports, witness statements, video footage, and other evidence to prove your innocence and seek justice against the false claim.