Am I dealing with insurance fraud. What should I do?

Asked over 5 years ago - Duluth, GA

My motorcylce hit a 1993 car and dented the rear left door. At the time I did not have insurance. I have copy of adjusters report claiming 2 left doors and 1 right door were damaged, (padding the bill?).The report gave the repair amount and said the car was totaled. I did carfax report and car is not totaled. She has been in 2 more accidents since. If the person opted not to have all claimed damage repaired so as not to have the car totaled, is is legal that the insurance co. can sue me for the original totaled amount on the estimate and not what was actually paid out for repair.

Attorney answers (2)

  1. Trey E. Phillips

    Contributor Level 12

    Answered . If you've been sued you should immediately contact a lawyer. Most lawyers, and I, would suggest you do NOT discuss the case with ANYONE, especially not the insurance company ever again!

    It sounds like you might have some good defenses to any lawsuit, but you should NOT try to defend yourself against a well represented insurance company without an attorney.

    Good luck.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . Insurance fraud is actionable if certain elements of proof are established by the evidence. Using the written documentation you have is a good place to begin. Contact a local lawyer - many may give you a free consultation for an hour - to discuss your specifics. Far too many variables exist in the short post you wrote. You have to defend yourself so get a lawyer. There may be good defenses based on what you do describe.

    Good luck.

    Note: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. Check with a lawyer in your own jurisdiction. The law is constantly changing and answers different from place to place.

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