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How to prove this is fraud?

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deji

Junior Member
What is the name of your state? IL

I rear ended a car very lightly. I didnt even touch his car, only his trailer hitch was slightly bent. We pulled over and ask him if we could just swap info and take care of it later. He said sure. He calls his wife/girlfriend. All of a sudden he is acting hurt now. A few minutes later the ambulance came. They look at him, he is obviously fine, police make the reports, we both drive away. The cops themselves were making comments that he was a horrible actor, they mark less than $500 property damage on the accident report.

The car I was driving had insurance. I was an exclusion, my personal insurance had expired a couple weeks prior. I call him and tell him not to worry, see how much a new hitch will cost and I will take care of it. He calls me back about a month later talking about $3000. I told him he is insane. I told him to get a few more estimates, and then call me back and I will look at them. Never calls me back. More than a year passes. His insurance company wants $7000 from me. They say injury and property damage. The court date hasn't arrived yet, but it will.

Somehow this guy ended up exaggerating the claim. I am 100% positive this is fraud. The wife told him to pretend he was hurt after he called her. Not to mention, we both drove away from the scene. If someone was "hurt" they would go directly to the hospital. How do I go about proving this? Will a lawyer actually try to prove this for me in court? I would like to attempt to prove this on my own if possible. Do I have right to all the claim info? Like the hospital bills they are claiming and also the actual estimates? I am not sure what to do. Any help would be appreciated.

thanks
 
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RachelB82

Junior Member
to get the money, i am assuming this guy will end up up sueing you. by law if/when he does this you have the right to know specifically what it's for and you can request advanced info for preparation for your case. if this is not given to you and you are "blind" going in, i would recommend a lawyer just because he's liable to pull out all the stops. however, since it means minimal prep time for the lawyer as well, i would get a hourly paid attorney rather than percentage since it will be a small case
 

deji

Junior Member
No, the insurance company is collecting the money. They just called me the other day and said they are turning it over to the lawyers since they need to collect that exact amount.
 

lwpat

Senior Member
The insurance company paid him and now they want their money back. They still have to prove the damages and will need him to testify. If it is fraud you will have your chance to prove it. What is more likely is they will turn it over to a collections bureau which will hound you for the money and ruin your credit. Don't drive without insurance, but you already knew that, didn't you?
 
S

shell007

Guest
What is the name of your state? IL

I rear ended a car very lightly. I didnt even touch his car, only his trailer hitch was slightly bent.
It takes a bit of force to bend a steel trailer hitch. Hitting a vehicle "very lightly" would not do that kind of damage.

The cops themselves were making comments that he was a horrible actor,
Did you record this conversation?

they mark less than $500 property damage on the accident report.
That means nothing. I drove my vehicle away from an accident and ended up with $14,000.00 in damages.

The car I was driving had insurance. I was an exclusion, my personal insurance had expired a couple weeks prior.
OOPs!!

I call him and tell him not to worry, see how much a new hitch will cost and I will take care of it. He calls me back about a month later talking about $3000. I told him he is insane.
Not necessarily. Depending on the type of vehicle he was driving and how the hitch is encorporated into it, it is very possible that the frame of his car was bent as well, which would not be noticeable "at the scene".

I told him to get a few more estimates, and then call me back and I will look at them. Never calls me back.
Probably because he already knows from the previous conversation that he is not going to get anywhere with you re: settlement!


More than a year passes. His insurance company wants $7000 from me. They say injury and property damage. The court date hasn't arrived yet, but it will.
Somehow this guy ended up exaggerating the claim. I am 100% positive this is fraud.
You don't know this 100%. This is just your opinion.

The wife told him to pretend he was hurt after he called her.
Did you record that conversation as well? You don't know that is what she said!

Not to mention, we both drove away from the scene. If someone was "hurt" they would go directly to the hospital.
Not true! I know this for a fact from my own personal experience!

How do I go about proving this? Will a lawyer actually try to prove this for me in court?
You need an attorney to defend you NOT to pursue an insurance fraud case!

I would like to attempt to prove this on my own if possible. Do I have right to all the claim info? Like the hospital bills they are claiming and also the actual estimates? I am not sure what to do. Any help would be appreciated.
An attorney would have a better chance at fighting this than you would doing it yourself. This guy is not going to turn over his medical records to you just because you want to see them. There is alot more involved than that!

Good Luck :)
 

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