I was involved in a traffic accident where I rear-ended another. I believe I'm about to become a victim of insurance fraud. The person I hit deliberately slammed on their brakes with no one in front of them. The first thing I noticed was incorrect in the report was the lane in which the accident took place. The second fallacy stated that I banged on the window of the person I hit and was yelling. Of course I was yelling at her but I never once touched her car. Since I'm nervous about fighting this in the first place, I'm even more nervous now seeing as there are fallacies in the report. I would like to also note that the accident happened traving 5-7 mph. There was mearly some scratches and paint transfer. No cracks. No dents. She left on a stretcher. This has to be fraud. Nervous!
Immediately notify your insurance carrier. Your insurance company will appoint a lawyer to defend you and pay any settlement or judgment up to the policy limits. The defense attorney will invesitgate the incident and may be able to flush out inaccuracies or fraudulent statements and conduct. Police report is not evidence. Both the driver and the officer can be examined under oath, and a competent attorney should be able to expose the inaccuracies and falsities. Good luck.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
If a lawsuit is filed against you, you will eventually give a deposition. At the deposition, you will be questioned under oath, and will have the opportunity to describe what happened and dispute whatever inaccuracies there are in the police report.
Similarly, the other driver will have to give a deposition. Your insurance company will provide you with an attorney, and this attorney will be able to question the other driver about the specifics of the incident and any inaccuracies in the police report. Make sure to let your attorney know what you believe happened, and how the police report is incorrect.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Wells is licensed to practice law in Missouri. 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. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Wells strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Police officers make mistakes too, just like all of us. Consider writing up a very brief statement of the facts, focusing on those facts that contradict the police report. Then, hand-walk it in to the police department and ask that it be attached to the report. The police may or may not attach it, but you'll always be able to say that, from the very beginning, you attempted to set the record straight. (Hang on to a copy of your written statement, of course.) If you are sued, the lawsuit may drag on for months, even years. You don't want to be accused of conveniently changing your story years after the incident.
The good news is, you won't have to hire a lawyer - your insurance company will do that for you. Immediately notify your insurance company of this potential claim. If you are, indeed, sued, they will retain counsel for you.
You should always seek the advice of a lawyer through a face-to-face meeting, or at least through a telephone conference. You should never act solely upon the advice of strangers (even lawyers) with whom you e-chat on websites. I am not your lawyer and you are not my client, so you cannot rely upon my comments, or any comments made by lawyers on websites like this.
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