What recourse do I have against someone who files a false claim?

by Chavon

I got a call from my insurance company stating that someone filed a claim against me for a hit and run with injury. This never happened, there is no police report, nothing. I never hit anyone and there is zero damage to my car.

However, this person had a very detailed physical description of me and my car and license plate, which I assume she got from watching me get in or out of my car. If it was a hit and run, how did she know how tall I am or my weight or hair color?

Once it's proven that my car was not involved, can I sue this loser for wasting my time and filing a false report? Is there any recourse against someone who files a false claim like this, and accused me of a hit and run with no evidence? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "What recourse do I have against someone who files a false claim? ":

Chavon (California):

If it can be established this person filed an insurance claim which proves to be false, the person may be in violation of California Penal Code Section 550 (a).

Section 550 (a) reads as follows:

(a) It is unlawful to do any of the following, or to aid, abet, solicit, or conspire with any person to do any of the following:

(1) Knowingly present or cause to be presented any false or fraudulent claim for the payment of a loss or injury, including payment of a loss or injury under a contract of insurance.

If you are convinced the person who filed the claim did so in violation of Section 550 (a), contact your local police department. If after an investigation the person is found to be in violation of Section 550 (a), he or she will be subject to arrest. A conviction is a felony punishable by incarceration in a California penitentiary.

For more information about California insurance fraud, read:

California Department of Insurance - What is Insurance Fraud?

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

Best of luck,

Judge Calisi

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