What to Do if You Receive False Insurance Information After an Accident
What to Do if You Receive False Insurance Information After an Accident
Between 15% and 26% of California drivers are uninsured, according to a report from the Insurance Research Council. Some drivers, however, will not own up to being uninsured after an accident and instead provide fraudulent information. Often, it can take days to discover this deception, only raising the stakes for an insurance claim in the process. False information does not mean the other party is liable for their own damages, nor does it mean that the provider will escape without consequences.
Key Takeaways for ‘Someone Gave Me False Insurance Information’
- Filing a police report immediately after an accident creates an official record and can help identify a driver who provides false information.
- A driver’s license plate number is a critical piece of evidence that can be used by law enforcement and your legal team to locate the responsible party.
- California requires drivers to carry uninsured motorist coverage, which can be used to cover damages if the at-fault driver is uninsured or cannot be identified due to deception.
- Providing false insurance information after an accident is a punishable offense under California law, separate from any fault determined for the collision itself.
In the Event of an Accident
After every accident, no matter how small it may seem, file a police report and gather information. Obviously, if the other driver provides false insurance and contact information, this half of the information will prove useless. On the other hand, a police report will be an excellent reference tool for your insurance company, and the other driver cannot lie about their tag number. This process makes it easier to manage a fraudulent information case should his or her insurance information prove to be a lie.
Another reason to file a police report immediately is that the police should investigate whether the other driver has insurance in the first place. This can save time and energy trying to discover fraudulent information. The police will also determine whether that person is uninsured, or simply providing deceptive information – either way, this determination should be quick.
How Insurance Claims Handle False Information
California auto insurance policies are required to carry uninsured motorist coverage. The purpose of this coverage is to compensate drivers if the other party lacks any or enough auto insurance to cover damages. Usually, it is a quick and simple process to discover the lack of coverage, but if the other driver provides false information, an uninsured motorist claim will still cover it – assuming he or she does not have an actual insurance policy.
Insurance agents recommend filing a claim regardless of the other party’s deception. As California follows comparative fault laws, insurance policies will typically cover at least some collision damages for an accident, minus the company’s deductible, even if the other party is unavailable due to fraudulent information. It is important to file this claim as soon as you discover the deception, ideally within 30 days of the accident.
Following Up
It may still be necessary to track down the other driver in the event of an accident, even if an uninsured motorist claim or collision coverage claim pays for most damages. It is vitally important in any accident to gather information and witnesses, and the plate number is incredibly valuable in this situation. All of this will be extremely valuable evidence for your Riverside personal injury attorney.
If the other driver’s information proves to be fraudulent, it may be possible to track their information by running a tag search through insurance or police records. Failing to provide insurance information is a legal offense, and that person is at fault for fraudulent information, regardless of the outcome of the accident or insurance claims. Once you discover the deception, it is important to file another police report about the fraud. The authorities will investigate the claim from there, tracking down the other driver.
Should authorities find this person, it may also prove possible to pursue the other driver’s damage coverage in small claims court, although if he or she is uninsured, it is possible that the other person has no funds to pay. This, however, depends entirely on finding the other driver – something which may not always be possible, depending on the information gathered at the time of the accident. It is also a good idea to contact a Riverside car accident lawyer to represent the case.
False Insurance Information After an Accident FAQs
Here are answers to some common questions that arise when you discover the other driver provided incorrect details after a crash.
Is it illegal to give false insurance information after an accident in California?
Yes, it is illegal. In California, drivers are required to exchange accurate information, including their name, address, and proof of financial responsibility. Knowingly providing false information can lead to criminal charges, including fines and potential jail time, in addition to any civil liability for the accident.
What are my first steps if someone hit my car and gave me wrong information?
If you suspect or confirm the information is false, you should take these important steps:
- Contact your own insurance company immediately to report the accident and the fraudulent information.
- File a new report with the police detailing the deception. Provide them with any evidence you have, especially the other vehicle’s license plate number, make, and model.
- Document everything you remember about the driver and the vehicle, as these details can help authorities in their investigation.
Taking these actions quickly helps protect your rights and starts the process of holding the responsible person accountable.
Can I still file a personal injury claim if the other driver is never found?
Yes, you may still have options. Your own auto insurance policy likely includes Uninsured Motorist (UM) coverage. This coverage is designed to pay for your medical bills and other losses if you are injured by a driver who is uninsured or who cannot be located (a hit-and-run). A claim can be made against your own policy to seek compensation for your injuries.
How does another driver’s false information impact my ability to prove they were at fault?
The act of providing false information does not automatically prove the other driver was at fault for the collision itself. However, it can be presented as strong evidence of consciousness of guilt. A judge or jury may see this deception as an attempt to evade responsibility for causing the crash, which can strengthen your case when combined with other evidence like the police report, witness statements, and photos from the scene.
Will my insurance rates go up if I use my uninsured motorist coverage?
In California, it is against the law for an insurance company to raise your rates for an accident that was not your fault. When you use your uninsured or underinsured motorist coverage because the other driver was responsible, your insurer cannot penalize you with a rate increase.
Discuss Your Case with Our Southern California Legal Team
Discovering that another driver has provided you with false information can add significant stress to an already difficult situation. At Bentley & More LLP, we are dedicated to protecting the rights of those injured in serious accidents. Our attorneys have the resources and determination to handle complex cases involving dishonest parties and uncooperative insurance companies. We are prepared to investigate your accident, tell your story, and advocate for the full compensation you deserve.
If you were injured in Orange County, Riverside, San Bernardino, or anywhere in Southern California, contact us today at (949) 870-3800 or through our online form for a free, no-obligation consultation to understand your legal options.