Any driver who causes an accident is responsible for the losses suffered by any passengers, other drivers, or pedestrians hurt in the collision.
If you’ve been in an accident, you know the drill. First, there’s the shock of the collision, followed by the hassle of dealing with insurance companies. If the other driver was at fault, you may feel even more frustrated. After all, wasn’t it bad enough that they crashed into you? Now they’re trying to lie their way out of responsibility.
If you find yourself in this situation, don’t despair. You and your attorney can do a few things to prove that the other driver is lying. Review your own account of the accident and look for any inconsistencies.
- Did they claim to have had the right-of-way, but eyewitnesses say otherwise?
- Did they claim that the damage to their car was minor, but photos show a much different story?
If you have any evidence that contradicts the other driver’s story, share it with your attorney and insurance company. They will attempt to use it to prove that the other driver is lying and hold them accountable for your damages.
Of course, gathering evidence can be tricky – especially if you’re dealing with an uncooperative insurance company.
If you need help getting the evidence you need to show that the other driver is lying, don’t hesitate to reach our experienced Chicago car accident lawyers. Our team knows how to investigate the accident and get the information needed to protect your rights.
Read on for more information about how an attorney can help you if the other driver lied to the police or insurance company.
The Most Popular Lies At-fault Drivers Tell To Avoid Liability
When it comes to car accidents, there’s always the potential for things to get ugly. The primarily at-fault driver may try to pin the blame on the other driver, leading to heated accusations and a lot of finger-pointing.
In some cases, one driver may lie about what happened to avoid taking responsibility for the accident. So, what are some of the most common lies that at-fault drivers tell?
- One frequent lie is that the other driver was speeding. This can be difficult to disprove since there’s no way to know for sure how fast the other driver was going. However, if witnesses to the accident can attest to the other driver’s speed, or if there’s video footage of the accident, this lie can be debunked.
- Another common lie is that the other driver ran a red light or stop sign. Again, this can be difficult to disprove unless there are witnesses or video footage.
In some cases, at-fault drivers will try to back up their claim by saying that they saw the other driver run a red light or stop sign just before the accident happened. However, if any evidence can’t corroborate this claim, it is likely that the at-fault driver is simply trying to avoid taking responsibility for the accident.
- Finally, some at-fault drivers will lie about their insurance coverage to avoid paying for damages. They may falsely claim their policy has lapsed when it’s still active. If you suspect that the at-fault driver is lying about their insurance coverage, your best bet is to contact their insurance company directly and ask about their policy status.
If you’ve been in an accident with an at-fault driver who lied about what happened, don’t despair. There are ways to fight back and hold them accountable.
By gathering the necessary evidence and working with an experienced Chicago car wreck attorney, you can ensure that justice is served and you receive the compensation you deserve.
What to Do If the At-fault Driver Lied to the Police or Insurance Company
If you’ve been in an accident, the last thing you want is for the at-fault driver to lie and try to avoid taking responsibility. But unfortunately, it happens all too often. So what can you do if you believe the at-fault driver lied?
Get the Police Involved
The first step is always to file a police report. This will document what happened and provide an official record of the accident. You can also request a copy of the other driver’s insurance information from the police. If you have your own insurance, they may be able to help you as well.
In some cases, the insurance companies will require a recorded statement from you to process your claim. If this is the case, do not give a recorded statement. While you may be anxious to tell your side of the story, giving a recorded statement will only be used by the insurance company against you. Let your attorney handle the liability dispute.
Maintain Consistency in Your Story
Any seasoned attorney or insurance adjuster will tell you that consistency is one of the most important elements in a successful claim. Your story needs to be consistent from beginning to end for the insurance company or ultimately a jury to believe you and pay out on your claim or award damages.
Unfortunately, sometimes people get confused or forgetful when recounting the details of an accident, and that’s when things start to unravel. Here are a few tips to help you stay consistent in your story.
- First, take some time to write down everything you remember about the accident as soon as possible after it happens. This will help you keep the details fresh in your mind and also give you a written record to refer back to if you need to.
- Second, try not to talk to too many people about what happened. Each time you tell your story, there’s a risk that you’ll forget or change some of the details. If you absolutely must talk about it, stick to telling your story to just a few close friends or family members.
- Finally, stick to the facts and avoid embellishing or making up details. It may seem like a small thing, but consistency is key when it comes to winning your case.
Get Witnesses Involved
One of the most important things you can do in any car accident case is get witnesses’ contact information and find out what they saw. A witness can be anybody who saw the accident, including passengers in your car or the other driver’s car.
If the other driver lied to the insurance company, a witness statement could be very powerful evidence to support your claim. Provide your attorney with all witness information so that the attorney can get formal statements from any witnesses.
If the other driver lied about the accident, it is important to gather as much evidence as possible to support your claim. This evidence includes photos and/or videos of the accident scene and vehicles, witness information, and the location of any cameras that may have captured the collision. The more evidence you have, the better your chances of winning your claim.
- Take photos/video of the accident scene and vehicles. If possible, take photos of the accident scene, including damage to both vehicles and any injuries you may have sustained.
- Get witness information. As mentioned above, witness statements can be very helpful in supporting your claim. Try to get information from as many witnesses as possible.
- Keep a journal. A journal can be a great way to keep track of your memories and physical symptoms after an accident. Write down everything you remember about the accident as well as what you’re feeling daily, including any pain, anxiety, or other physical symptoms you’re experiencing.
- Hire an attorney. An experienced car accident attorney can help you gather evidence, negotiate with insurance companies, and file a lawsuit if necessary. Drake & Collopy, P.C. has decades of experience in handling car accident cases in Illinois and will work tirelessly to get you the compensation you deserve.
Legal Consequences of Lying to the Insurance Company in Chicago
In Chicago, if you lie to your insurance company in an attempt to defraud them, you could end up facing some serious legal consequences.
If the amount of money you’re trying to defraud is $300 or less, it’s classified as a class A misdemeanor, and you could be facing up to one year in jail and a $2,500 fine.
But if the amount of money you’re attempting to defraud them is between $300 and $10,000, it’s classified as a Class 3 felony, which comes with a minimum sentence of two years in prison and up to five years, as well as a potential fine of up to $25,000.
So if you’re thinking about lying to your insurance company, you might want to think twice – it’s just not worth the risk.
How the Insurance Company May React if You Lie
If you lie to your insurance company and they find out, they may take one of several different actions.
Your Claim Will Be Denied
When filing an insurance claim, it’s important to be honest about what happened. If the insurance company suspects you’re lying, they may investigate your claim and ultimately deny it.
There are a few ways the insurance company may react if they think you’re lying.
- They may request additional documentation from you. If you cannot provide this, it will look suspicious and may cause them to deny your claim.
- They may send an adjuster to inspect the damage for themselves. If your description doesn’t match what the adjuster sees, this will raise red flags.
- The insurance company may contact witnesses or review surveillance footage to better understand what happened.
Your claim will likely be denied if these people contradict your story. So, if you want to ensure that your claim is approved, be honest from the start.
Your Policy May Be Canceled
When it comes to car insurance, dishonesty is never the best policy. If your insurance company finds out you’ve lied about an accident, your policy could be canceled. And while that may seem like the worst-case scenario, it’s not.
The truth is that your insurance company has a duty to its shareholders to minimize losses. As such, they’re unlikely to continue providing coverage for high-risk people.
While it may be tempting to fudge the details of an accident to keep your rates low, it’s simply not worth the risk.
Your Premiums Can Increase
Premiums may increase if an insurance company finds out you lied about an accident. Your rates could increase because the company may view you as a higher-risk driver.
If you’re caught lying, you could also be penalized by your state’s DMV. So it’s not worth trying to hide information from your insurer – it could cost you more in the long run.
Contact a Chicago Car Accident Attorney Today
If you have been in an accident with someone who has lied to the police or their insurance company, you may be wondering what to do next.
Contact an experienced Chicago personal injury attorney to discuss your legal options. It is important to speak with an experienced Chicago car accident lawyer as soon as possible so that you can understand your rights and get started on protecting them.
Drake & Collopy P.C. has a combined legal experience of over 50 years representing car accident victims. Contact us today for a free consultation to learn more about how we can help.