How is a person liable for insurance fraud if they did not intentionally falsely do a claim and was unable to have memory

Asked over 1 year ago - San Fernando, CA

ok here it goes

woman has a ex fiance that puts her on his insurance they no longer are togeter. the woman durring the time has been involved with a accident that is covered by insurance problem free.

years later she gets in a accident caused by a speeding truck rear ending the car shes in
she does not have the insurance and her lawyer advises not to sue the truck driver due to the case wont be won in her favor due to no insurance.

she has cuccusion and minor memory probs.

she later gets insurance and does not have any accidents due to her income she drops her insurance..

fastfoward to a few months later...

a investigator asks her questions about the incident she truthly anwsers them such as being with her ex and was going to get married but never did. later more questions

popo get

Attorney answers (3)

  1. David A. Kulisch

    Contributor Level 11

    Answered . An insured has an obligation to provide truthful answers to its insurer during a claims investigation. However, for an insurer to determine that an insured made a material misrepresentation, the insurer must be able to show that the insured intentionally misrepresented material facts that affect the claim. If the insured simply can't remember something, that isn't insurance fraud. If the insured voices an opinion and the opinion later turns out to be wrong, that isn't insurance fraud. However, if an insured tells the insurance company something that the insured knows to be false or the insured fails to tell the insurance company all of the information that is available to the insured that would have made the insured's statement accurate, that may be insurance fraud. You may need to talk with an attorney to resolve this completely since your fact pattern ended so abruptly.

    1 - If you and I do not have a written and signed Fee Agreement for attorney services, then you are not my client... more
  2. Judy A. Goldstein

    Contributor Level 20


    Lawyer agrees

    Answered . Your question makes no sense. Please rephrase.

  3. Jeffrey Bruce Gold


    Contributor Level 19

    Answered . Is it that you didn't report the prior accidents when you applied for insurance. I'm not clear on your questions. BTW, the attorney who told you not to sue a truck that rear ended your car gave you bad advice unless your injuries were so minor that a suit wasn't warranted. How long ago were you rear ended.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more

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