What Are My Options if the At-Fault Driver is Lying About What Happened?
Posted on behalf of Lynch Law Firm on Mar 21, 2022 in Car Accidents News
When an accident occurs, the driver who caused the crash is likely going to try and deny fault or pin the blame on you to try and avoid liability for the crash. The driver may even lie about what he or she did or other aspects of the crash.
At-fault drivers who are caught lying about the accident could face serious consequences. If you suspect the driver who caused your crash is not being honest, you should call our experienced New Jersey car crash attorneys today.
We offer a free consultation and there are no upfront fees. We do not charge you anything unless we win, so there is no risk to you.
What Are Some Common Lies At-Fault Drivers Tell?
An at-fault driver may be careful to not admit he or she acted negligently and caused an accident to try and avoid liability for damages. Being held liable for a crash means higher insurance premiums in the future.
At-fault drivers may lie about what happened to protect their interests. For example, a driver may lie about being distracted behind the wheel, such as texting and driving. He or she may also lie about driving in a reckless manner, like speeding or tailgating.
Some drivers may even go as far as to claim some sort of mechanical failure on their vehicles, such as brake failure.
How Can I Protect My Claim if the Other Driver is Lying?
When the at-fault driver lies about the accident and his or her role in it, it is vital that you take the following steps to help protect the value of your claim.
Aside from working with an experienced lawyer, you should also do the following:
- Talk to the police – Tell the police your side of the story, and if you suspect the at-fault driver is lying, make it known to the police officer so he or she can investigate further.
- Be consistent with your statements – When you file a claim with the insurance company, it is important that you keep your statements consistent and stick to the facts, so your credibility may not be attacked later.
- Talk to witnesses at the scene – If it is safe to do so, and you are able, talk to any potential witnesses at the scene of the accident who may be able to back up your claim about how the accident happened and how the other driver was acting negligently.
Our attorneys may also be able to help you gather evidence that may help you prove the other driver is lying. For example, phone records may be able to prove the at-fault driver was on the phone at the time of the crash, or an expert may be able to prove mechanical failure did not cause the crash.
What Are the Consequences of Lying During a Claim?
Drivers who lie to the insurance company during a claim can face serious legal consequences. First, fraudulent claims are considered a third-degree felony in New Jersey. Anyone convicted of insurance fraud may serve up to five years in prison and face up to $15,000 in fines.
In addition to legal troubles, drivers who lie during a claim could have their policies canceled, rejected for renewal or claims denied.
Could My Claim Be Denied Because of a Driver’s Lies?
If the liable insurance company denies your claims due to the lies of the at-fault driver, you still have the right to appeal the decision and provide evidence that may prove you are telling the truth about the crash.
While insurance companies look out for their own interests and would prefer not to pay out a claim, accepting an obvious lie from the at-fault driver is not something insurance companies often do. This is because insurers that do accept the lies may get sued for bad faith practices. This could lead to serious legal trouble and may result in higher fines than what they would have had to pay for your damages.
We Are Ready to Help. Call Today
If you were injured in a crash caused by someone else’s negligence, call our knowledgeable attorneys today to learn more about the legal options that may be available to you.
Our attorneys are prepared to help build a strong case for compensation on your behalf, even if the at-fault driver is lying about his or her role in the crash.
Call (800) 518-0508 today to schedule a free consultation.
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