How Do I Dispute a Fake Accident Claim
Whether or not you are at fault or injured, being in a car accident can be a terrifying and stressful experience. The detailed process of filing a claim with your insurance company or pursuing a personal injury claim can also be confusing and overwhelming. But what if you receive notification of an accident claim you know is false? Suppose the accident was so minor that none of the parties sustained property damage or injuries, or maybe you were not even involved in it.
In such cases, it is critical to understand your legal options and take appropriate action. Below, we discuss fake accident claims and the steps to take when you’re hit with a phony claim. We’ll also outline how De Castroverde Personal Injury & Accident Lawyer can help defend you against such claims.
What Is a Fake Accident Claim?
Fake accident claims occur when someone exaggerates the damages or the injuries they get from a minor accident. Another instance is if they were to file a claim for personal injury or property damage following an accident that never happened. These individuals usually have various reasons for making false claims, including avoiding a traffic ticket, receiving insurance money for an earlier injury, or participating in a larger fraud with staged accidents.
Filing a fake accident claim for any reason is a serious problem that could have very negative consequences. Did you know that these false claims end up harming everyone in Nevada? That’s because they drive up insurance costs and make claims adjusters skeptical of legitimate personal injury claims. Falsely reporting an accident is insurance fraud, which is against the law. Anyone caught committing it faces harsh fines and even prison time. Moreover, insurance companies are always on the lookout for false claims, so you can expect them to investigate any suspicious activity.
What Is Insurance Fraud?
Accident insurance fraud happens when someone fabricates an accident for insurance proceeds. Although we use the term “fraud” to refer to false accident claims in general, there are two types of accident insurance fraud:
Hard Fraud
Hard fraud happens when one or more people stage accidents or work together to fabricate events that cause real or fake injuries. Even if the injuries are legitimate, they result from the accuser purposefully trying to cause an accident so they can place the fault on you. The most common example of hard fraud is the panic stop or staged accident.
Soft Fraud
A claimant in a legitimate accident who engages in this type of fraud will exaggerate their relatively minor injuries. Individuals do this to increase the size of the damages or compensation they receive. Soft fraud also includes people falsely basing a new claim on an old injury.
What To Do if You Discover Someone’s Made a False Accident Claim
If you discover someone has made a fake accident claim against you, you may feel overwhelmed and confused about how to handle the situation. Here are seven steps to protect your rights and defend against the false claim:
- Remain calm: Remaining composed is crucial when dealing with a false accident claim. Getting upset or angry will only exacerbate the situation.
- Gather all relevant information: Begin gathering your insurance information and any details and evidence of the accident or lack thereof, such as photos or receipts. Also, get the claimant’s contact and insurance information and document all interactions with them and their insurance company.
- Get a police report: To document the incident for use in court, if necessary, you can still file a police report after an accident even if the police weren’t called. Be sure to request a copy detailing the time, date, location, and parties involved in the accident.
- Contact your insurance company: Once you have collected all your documentation and information, you should advise your insurance company of the claim. They will likely investigate the claim and take steps to protect your interests.
- Be courteous and cooperative: This is especially important when interacting with the police, insurance companies, and investigators. All these parties may want to investigate the claim, so be ready to assist them and give them any information they request.
- Don’t admit fault or sign anything: Even if you think you caused the accident, you don’t have to admit fault or sign any claim-related documents. This is especially true if you haven’t read the documents thoroughly and spoken to your insurance company or an attorney.
- Contact an attorney: An experienced personal injury attorney can help you understand your rights and options. They’ll protect you from unforeseen legal consequences by representing you in settlement negotiations and reviewing agreements.
What if You Don’t Have Insurance?
The law requires that insurance companies defend their insured drivers. But if you’re in a car accident and don’t have car insurance, you’ll be responsible for all aspects of protecting yourself against the false claim. This includes investigating the claim and obtaining key pieces of physical evidence. So why should you also consider hiring a personal attorney in this case? Because you’ll be up against insurance companies with extensive resources. Thus, it’s in your best interest to have someone knowledgeable about car accidents and fraudulent accident claims by your side.
What Are the Legal Penalties for Filing a False Insurance Claim?
The state of Nevada classifies insurance fraud as a category D felony with a maximum sentence of four years of incarceration. Suppose the court finds you guilty of insurance fraud. In this case, the judge may also fine you up to $5,000, and you will likely also need to pay court costs and any costs associated with the investigation and prosecution of the false claim.
Get Help Disputing a Fake Accident Claim
Do you have a false accident claim filed against you? If so, contact the knowledgeable team at De Castroverde Accident & Injury Lawyers. Our bilingual attorneys will vigorously defend your rights. We’ll investigate the claim, negotiate with insurance companies, and represent you in court. Since 2005, we have provided competent legal representation to the residents of Las Vegas and the surrounding areas. Please fill out our online contact form to schedule a no-cost consultation.
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