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I was involved in an accident that I am sure the person staged and forced me into. What can I do?
I was driving on the freeway when a car in front of suddenly stopped without warning. I was unable to break in time and I couldn’t pull around it because of other traffic, so I hit it. Now it seems that all 5 people in the car (3 adults, 2 children) are claiming various injuries. The suit their lawyer has filed exceeds my insurance by a wide margin. What should I do?
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Answers (1)
You may be the victim of insurance fraud. In particular, a kind of fraudulent automobile insurance claim in which one vehicle boxes the victim in (the other traffic preventing you from swerving) while another stops short, or “squats,” in front of the victim, drawing an impact. The squat car is usually loaded to the gills with passengers, including often children—they’re ever-so-sympathetic as victims—who will then get a doctor to diagnose various difficult-to-disprove but expensive maladies. They will sue for an excessive amount, trying to draw a quick and generous settlement. Of course, if you have low limits of insurance, as you seem to, the insurer may decide the best, most cost-effective course of action is to simply settle and then walk away, leaving you liable for any amount over if the “victims” pursue their claim.
Insurers do not like insurance fraud, however, and inflated claims as well as causing a deliberate injury to place a claim are both fraud. Your insurer may already have their suspicions, but in case they don’t—report this to them as a suspected fraud and get them looking into rebuffing it. You might also report the matter to the National Insurance Crime Bureau[https://www.nicb.org/cps/rde/xchg/nicb/hs.xsl/index.htm], which is an insurance-industry association with its mission as detecting, deterring, and, when necessary, taking action against insurance fraud.
Insurance fraud is also a crime, like any other fraud. You can report it to law enforcement. Since you mentioned “freeways,” I’ll assume you’re from CA; here’s a link to an illustrative law enforcement page for El Dorado County stating that staged accidents are form of fraud they will look into: http://www.co.el-dorado.ca.us/eldoda/insurance.html.
Finally, also tell your attorney, whether paid for by your or your insurance company, about your suspicions; make sure your advocate is not just playing defensive ball, as he or she would against a legitimate claim, but is prepared to go on the offensive as well. (Note: since fraud is a tort, or civil wrong, as well as a crime, if this is a fraud and you can identify a participant with deep pockets—such as any doctors who are providing fraudulent diagnosis or treatment—you can even sue them.)
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Posted by Steven Sweig on 28 Jan 2010
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