First: You will be committing insurance fraud if you lie to either your insurer or her insurer about any aspect of the incident. DON'T DO IT
Immediately report this incident to your insurance company. If you have collision coverage, your carrier will pay to repair the damage and will go after her insurer to obtain reimbursement of your deductible (and any payments it made).
If you do not have coverage for this loss, identify who her insurance carrier is, and deal with that carrier directly.
Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.
Tell the truth.
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Be honest with your insurance carrier.
Farid Yaghoubtil is an attorney at Downtown L.A. Law Group - 1850 E. 15th St., Los Angeles, CA 90021. (855)385-2529.
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
Why commit fraud? Be truthful with the carrier.
Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.
Do not commit a crime ! Do not lie ! Its her problem, not yours, that she gave a different date. If they wind up disclaiming coverage for "late notice", than just take her to small claims court [ Actually, in or about 2009, Insurance Law Sec. 3420 was changed. Whereas, a liability carrier could disclaim coverage if the insured did not give the carrier notice of an accident or claim as soon as possible, without having to prove prejudice, under the old law, now the carrier would have to prove actual prejudice due to the late notice. At $2,500, it will probably cost her carrier less to settle your claim than pay the litigation expenses to have a court declare its entitlement to disclaim.]
Tell the truth and let the chips fall where they may. Do not commit insurance fraud or any type of fraud.
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