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Gave false information to police in car accident.

Chicago, IL |

My brother was driving my car this morning, my brakes stopped working, and he hit the car in front of him. He does not have insurance, but I do. My brother told the police that he was me and had forgotten his ID at home. He called my mother, obtained my DLN and gave it to the officer. If my brother tells the police he lied, what legal consequence would he face? What would I face?

I need to report any accident to the insurance within 24 hours. Should I still file the accident now? or should I just ignore that, and contact a criminal defense lawyer?

Attorney Answers 5


  1. Best answer

    Well, to start with, you just may have voided your policy by lying to law enforcement.

    But let's back up. If your car is insured and your brother had permission to drive it, he's covered anyway.

    Since you and your brother have screwed this up already, why don't you contact a criminal defense lawyer to navigate what may be as easy as filing an amended police report.

    Either way, stay offline and do not talk to police yet.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


  2. Committing one crime to cover-up another never works. As a permissive driver, your brother HAD insurance because you do. If you are lucky, this will all work out. NEVER take the chance again!

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  3. Retain a lawyer immediately to help you. Your brother should retain a criminal defense lawyer to advise him of his rights. He should not talk to anyone else about this, except his lawyer. Good luck.


  4. Your brother would have been covered under your policy had he not lied. Have him retain a criminal lawyer. Don't lie to the insurance company, as this is insurance fraud.


  5. Report the truth to your insurance company and have your brother hire an experienced criminal defense attorney ASAP. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.