Visitor Question

What to do if I know driver is faking an injury?

Submitted By: Lisa (Orlando, Florida)

While driving I was in an accident while changing into another lane. I looked and know I had room to go into the lane. I feel the driver of the other car involved in the accident wasn’t paying attention, because if he was he could have put on his brakes or merged into the outer lane which had no cars. I feel he panicked and exacerbated the situation.

We collided and he was still going until he braked. We then both moved our cars to the far lane to wait on police. I stayed in my car. He came over to front of my car and was pacing back and forth talking on phone. A while later a female showed up and they were standing outside of the car he was driving talking.

The Police and Ambulance was coming and I saw him get into his car and pass the female what looked like a pill bottle. When police arrived he started acting like he was injured. When Police came to my car I said the driver was faking, and that he was walking and pacing back and forth earlier.

The other driver then said he was alright and wanted to go to the hospital to be checked out. The police then said he was probably doing this because he didn’t have a license and wasn’t supposed to be driving. He was driving a rental car rented by his friend and he wasn’t on the rental agreement as a driver (he couldn’t because he wasn’t licensed).

I explained to police what happened and that the other driver wasn’t paying attention, but I was told since he was already driving in the lane he had right of way, so I was ticketed. I’m a careful driver of over 30 years, never disobey driving rules, and have never been ticketed.

Now the guy who should have never been on road to begin with is faking an injury to get paid. My insurance is handling this, but I read that insurance companies would rather pay a claim then investigate if this person is running a scam. What can be done to prove he is faking? Thank you for any perspective you can give.

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 Lisa,

It is virtually impossible for you to know for sure if the driver was faking. Even the doctors would have a difficult time discerning if the driver was feigning an injury. A person can be in pain and not exhibit symptoms.

It is best to leave the matter to your insurance company. You can be confident they will not pay out on the driver’s claim unless his injuries are supported by medical evidence, or they believe it would be in their best interests to do so.

It is true insurance companies settle claims even when fault is at issue. It’s all about economics. If the insurance company claims adjuster believes it will be less expensive to settle a claim than contest it, they will cut their losses and settle. This is even more true when the claimant is represented by an attorney.

You would be well-served by making an effort to have the ticket dismissed. Inasmuch as you have never received a traffic citation, it should be relatively easy to have the ticket dismissed. To do so you will likely have to take a driver education course, but it’s a small price to pay to maintain a pristine driving record.

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: November 1, 2017

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