Visitor Question

Going to court for a fake injury claim?

Submitted By: Alan (Succasunna, NJ)

I was backing out of a spot in a shopping center when I very slightly contacted another vehicle. It was clearly my fault, however, when we both got out, we noticed no damage to our cars and there were no injuries. He wanted to leave, but I insisted on getting a cop to review the accident, which I did. We both told him there was no damage and no injuries.

Two months later, I got a letter from my insurance company saying that I have to go court with them because the guy is now claiming physical injuries.

So my question is… Wouldn’t he have to prove his injuries by showing that his doctor actually x-rayed him, with his injuries showing on the x-ray, and not just that he told his doctor that he got injured? What proof does he need? Do I have anything to worry about? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Alan,

Let’s start by saying you have nothing to worry about. That’s what your insurance is for.

It appears the other driver may be wanting to receive compensation for a non-existing injury. His or her injuries, if any, will have to be supported by medical and/or chiropractic evidence. The evidence does not have to be in the form of X-rays, MRIs or CT Scans, although relying on one or more of these tests would greatly improve the driver’s chances of success.

If the claim goes to trial, your insurance company will provide an attorney to represent you. The facts you present indicate the claim is set for trial only two (2) months after the accident. That is much faster than most claims.

Whether the claim is settled, or lost in a trial, you have nothing to worry about, other than the possibility your insurance company may decide to raise your premiums.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 14, 2014

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