Key Takeaways:
- A false insurance statement can delay or damage a car accident claim.
- Photos, police reports, witnesses, video, and medical records can challenge the other driver’s story.
- Pennsylvania “fault” rules make accurate evidence important.
- Our Delaware County car accident lawyers at McCann Dillon Jaffe & Lamb, LLC can help protect your claim.
Our experienced Delaware County car accident lawyers at McCann Dillon Jaffe & Lamb, LLC help injured drivers and passengers respond when another driver gives a false statement to the insurance company. After a crash, the other driver may blame you, deny speeding, minimize damage, blame weather, or claim you were not injured.
A false statement does not automatically defeat your claim. Insurance companies investigate liability, but they may initially rely on what each driver reports. Strong evidence can help correct the record.
Why False Statements Happen After Car Accidents
Some drivers panic after a crash. Others may fear higher premiums, license problems, employer consequences, or personal responsibility for injuries. A driver may also misunderstand what happened.
“False statements” may involve speed, lane position, traffic signals, following distance, phone use, injuries, passengers, or impact severity. Even a small change can affect fault and settlement value.
What Should You Do if the Other Driver Lies?
Stay calm and focus on evidence. Do not argue with the other driver at the scene. Call 911, speak clearly to the responding officer, and make sure your version is documented.
If possible, take photos of vehicle damage, license plates, road conditions, signs, skid marks, debris, injuries, and the surrounding area. Get witness names and phone numbers before they leave. Save dashcam footage, repair estimates, medical records, and insurer messages.
How Insurance Companies Investigate Conflicting Stories
When drivers give different accounts, insurers may compare statements, police reports, photos, medical records, repair estimates, witnesses, and vehicle damage. They may also look for cameras, dashcam footage, or other records.
A lawyer can help correct inaccurate statements and submit evidence before the insurer accepts the other driver’s version. McCann Dillon Jaffe & Lamb, LLC provides Delaware County car accident representation for injured people facing disputed liability.
Can a False Statement Be Insurance Fraud?
A knowingly false insurance statement may create serious consequences. Pennsylvania law states that a person commits a fraudulent insurance act when they knowingly file a claim statement containing materially false information or conceal material information. The rule is found in Pennsylvania’s insurance fraud statute.
For the injured person, the priority is usually “proving the civil claim.” That means documenting what happened and showing why the other driver’s statement is wrong.
How Does Pennsylvania Comparative Negligence Apply?
Pennsylvania uses “comparative negligence.” Under the official Pennsylvania comparative negligence statute, an injured person may recover damages when their negligence is not greater than the defendant’s negligence, but compensation can be reduced by their percentage of fault. This matters because a false statement may shift blame. An insurer may argue you were speeding, distracted, following too closely, or failed to avoid the crash.
What Evidence Can Prove the Truth?
Helpful evidence may include:
- Police reports
- Photos and videos
- Witness statements
- Dashcam footage
- Repair records
- Medical records
- Cell phone records
- Traffic camera footage
- Vehicle black box data
- Road and weather conditions
The sooner evidence is preserved, the harder it may be for the other driver’s false version to control the claim.
Frequently Asked Questions (FAQs):
Can the other driver’s lie ruin my case?
It can create delays, but evidence can challenge a false statement.
Should I call the other driver’s insurer myself?
Be careful! Anything you say may be used in the claim.
What if the police report is wrong?
A lawyer may help identify errors, gather evidence, and request corrections when appropriate.
Can witnesses help?
Yes. Independent witnesses can be powerful when drivers tell different stories.
Our Experienced Delaware County Car Accident Lawyers at McCann Dillon Jaffe & Lamb, LLC Help Fight False Insurance Narratives
A false statement can make a car accident claim more stressful, but it does not have to decide the outcome. Our Delaware County car accident lawyers at McCann Dillon Jaffe & Lamb, LLC can investigate the crash, preserve evidence, communicate with insurers, and challenge inaccurate claims. To schedule a free consultation, call us today at 215-569-8488 or complete our online contact form. We have offices in Philadelphia and Abington, Pennsylvania, as well as Haddonfield, New Jersey, and Wilmington, Delaware. We proudly serve clients throughout the surrounding areas.