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Neighbor is changing story and lying to police about how damage occured to their car, what should I do?

Buffalo, NY |

My neighbor told me last Sunday that his new car got damaged, hit 3 times to be exact, from parking in the church parking lot across the street. We
have a shared driveway and he doesnt want to deal with it so he parks across in church lot.
Today he blocked my car in the driveway. My niece went to pick up my son from school. She got in the car, backed up a little, put it in park and went to ask them to move their car. Before she could make it to the door they came out accusing her of hitting their car. They told her they "heard" her hit it. When police came they lied to police and told them she admitted doing it, apologized and it went from them hearing it to seeing it. They dont have any windows that they could get a view of the cars. The police gave him my insurance info, what do I do?

It was Sunday 3/23 that he complained and said church people hit him. At the same time he mentioned his father was having mini heart attacks and can no longer drive. However, I have seen him driving the car. Also, On Sunday they were talking about suing his mothers caregiver and suing his wifes old boss. These people are trying to scam me. They dont work and I am pretty sure they are looking for free money. She did not hit their car. She did not apologize. They said they heard it yet police said it is only a scratch. Neighbor says its a crack.

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Filed under: Fraud Insurance fraud
Attorney answers 3

Posted

Take photos of the vehicles, ask the police to amend the report to at least add your niece's version and contact your insurance company to let them know what's going on.

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.

Asker

Posted

There is no report, yet police gave him my insurance info and he already reported a claim. He never told insurance company about 3 prior incidences in lot.

Craig A. Post

Craig A. Post

Posted

You have to give your carrier your version of events. It's likely that if the police came, a report was made especially if the plan was to file a claim. You must be proactive if you are going to fight this.

Asker

Posted

The police officer that came to the house told me there was no report made. I went to police station, asked to talk to officer that responded and informed him of 3 incidences in church lot and he said its between insurance companies. I AM going to fight this. My friend witnessed him speaking of the other damage. I received no information on their insurance yet the police ran my plate and gave him my insurance information.

Posted

Contact the police and tell them your side of the story. Otherwise, turn it over to your insurance company and let them investigate and handle it. That's why you have insurance...

THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

Asker

Posted

I am not paying for an accident from a scammer. Police said there was no report made.

David Herman Hirsch

David Herman Hirsch

Posted

Certainly you can wait and see if they bring a lawsuit or small claims action, but it they do your insurance will cover it...

Asker

Posted

They already filed a claim and I informed my insurance company of everything. They are the reason peoples insurance costs go up.

David Herman Hirsch

David Herman Hirsch

Posted

Yes and I know its frustrating, especially since you have to live next to them... Mr. Higgins suggestion about reporting it to the insurance fraud numbers also sounds like a good idea to explore. I hope things work out well for you...

Asker

Posted

thank you. I appreciate all of the answers I recieved.

Posted

First I would notify your insurance carrier because if these people are as bad as you think they are, then it is likely that they are going to make a claim or file suit. If you don't advise your insurance company then the company may lose time investigating these people, or worse potentially disclaim coverage because you didn't give them timely notice. Second, there are insurance fraud numbers for the state government that you can call and you should because this sounds like insurance fraud. Third, I would consider contacting the police that took the report and advising what you have posted. It is not clear whether you or anyone in your family were interviewed by them. Finally, I would determine whether the church has video surveillance of the parking lot or a maintenance person who worked while the car was in church parking lot and might be a witness, and if so, let your insurance company know that. They generally keep video for thirty days or less. If what you say is true, these people hurt all of us and they demean and threaten the judicial system, so take appropriate action working with your carrier and law enforcement.

The answer to this question is for general purposes only and does not establish an attorney-client relationship, and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

Asker

Posted

I already informed the police of everything. The police officer said no report was made, the police officer is the one who informed me my neighbor told them she apologized for hitting them. MY niece told the officer he was lying, she insisted she never hit him, she never said she was sorry. My neighbor pointed out spots on my car where "she could have hit him" after saying his wife witnessed it. These people always speak of law suits. Neither work. I will call the insurance fraud line, thank you for that information. I cannot believe they are doing this.

Patrick Joseph Higgins

Patrick Joseph Higgins

Posted

I am sorry that you are in this position, it would help if you recall all the comments they made and any other pertinent information for the insurance fraud hotline and your insurance carrier. Good luck.

Asker

Posted

Thank you very much!!

Asker

Posted

I will put it this way David, they are a married couple with 2 kids and they have their 2 parents living with them in a 3 bedroom apartment. Built a 4th bedroom illegally in the basement. Neither of them work, yet they have a brand new car. I remember everything they said and we have documented it. One question, is there a National Insurance Fraud Hotline for all types of fraud? I am greatly concerned they make a career out of doing this, they talked about suing the wifes employer and the mothers hospital care facility for neglect. If possible I would like to call a number that will track their law suits and if possible prevent this from happening continuously. I believe they are career criminals.

Patrick Joseph Higgins

Patrick Joseph Higgins

Posted

The insurance companies have a national database of all people who file claims and they can and do cross check to see if there is a pattern. I don't know if there is a national data base but your best bet is the insurance companies, who have dedicated fraud units, and the state insurance fraud hotline.

Asker

Posted

Thank you. I have already contacted the Insurance fraud hotline and reported them for fraud. Ironic thing is on Sunday March 23rd they told me their car was hit 3 times in church lot, on Monday the 24th they switched insurance carriers and the owners address is incorrect on their policy. The alleged operator of the vehicles address is also incorrect. I would assume their registrations are also incorrect.

Patrick Joseph Higgins

Patrick Joseph Higgins

Posted

Seems like a situation that you want to be very careful and document everything. Good luck.

Asker

Posted

Thank you1

Asker

Posted

You would never believe these Mr Higgins, but upon looking through old photos in my phone I found a picture of their car blocking me out of the driveway. It contains a picture of the same crack in the grill that they are accusing my niece of doing. I dont know where I can go from here, but any suggestions from you would be greatly appreciated. Thank you so much. Finally a little relief.

Patrick Joseph Higgins

Patrick Joseph Higgins

Posted

That is critical evidence. I would send it to the fraud hotline, your insurance company and the police.

Asker

Posted

Mr Higgins, tonight my son went to take a shower and we had no hot water. The other tenants in regards to the accident turned off my hot water tank. They have full access to the basement, I have none. Who should I report this to? Now they are tampering with my utilities. He claims he must have turned the knob with a broom while sweeping. It is not possible because the dial does not turn that easily. Thanks.

Patrick Joseph Higgins

Patrick Joseph Higgins

Posted

I really am not sure who would have jurisdiction over this. I would start with the local police, and continue documenting.

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