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Settlement and Possible Fraud

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goldlabe

Junior Member
What is the name of your state (only U.S. law)? California

I was in an accident that police report states was my fault. I've contended there was fault by other driver but difficult to prove since there were no witnesses.

My insurance won't cover the full total of what is being claimed. I also see that they are claiming personal injury which is likely fraudulent.

The car of the other driver was insured by his father, but coverage excluded when son was driving due to poor driving record so they rejected the claim.

My insurance company says it will be difficult for me to win in an arbitration with the police report, but I'm trying to protect myself against a large personal suit against me in which they try to collect for fraudluent injuries.

Should I advise my insurance company to settle up to the amount I'm insured and wait and see? Or should I advise them to deny claim, thereby insuring a likely court appearance where I can state the entire case?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

I was in an accident that police report states was my fault. I've contended there was fault by other driver but difficult to prove since there were no witnesses.

My insurance won't cover the full total of what is being claimed. I also see that they are claiming personal injury which is likely fraudulent.

The car of the other driver was insured by his father, but coverage excluded when son was driving due to poor driving record so they rejected the claim.

My insurance company says it will be difficult for me to win in an arbitration with the police report, but I'm trying to protect myself against a large personal suit against me in which they try to collect for fraudluent injuries.

Should I advise my insurance company to settle up to the amount I'm insured and wait and see? Or should I advise them to deny claim, thereby insuring a likely court appearance where I can state the entire case?
It doesn't matter WHAT you advise them to do. It's not your call.
 
Zigner is correct, you don't have to settle. I expect it is WAY better to settle with nothing else owed than to not settle and keep things in litigation. Your call.
 

ecmst12

Senior Member
Happy is incorrect, Zigner is correct, it is NOT your choice how your insurance company handles the claim. I suspect you have no valid argument against being at fault (but I asked for the facts of loss to be sure) and if that is the case they are NOT going to deny the claim, whether you like it or not. They will attempt to protect your interests to the best of their ability but you need to increase your coverage ASAP.

It is very unlikely that anyone will be able to prove fraud on injury claims. If they have medical bills and reports, then they have a valid claim, only the value of that claim is in question. If you did more then $5k in damage to their vehicle, it is in fact VERY likely that they had some injury.
 

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