Car accidents can leave victims feeling overwhelmed and confused. When you’re in a crash, you expect the other driver to tell the truth about what happened. Unfortunately, some people lie about the details of an accident to avoid taking responsibility. If you find yourself in a situation where someone is lying about a car accident, it’s important to know what steps to take to protect your rights and seek fair compensation.
Conflicting Stories and Different Versions of Events
One of the most challenging aspects of dealing with a dishonest driver is the existence of conflicting stories or different versions of events. The at-fault driver may try to transfer blame to you or make false accusations about your actions leading up to the crash. This can create a “he said, she said” situation that makes it difficult for insurance companies and law enforcement to determine which driver was at fault.
If you encounter conflicting stories after a car accident, remain calm and stick to the facts. Provide a clear, honest account of what happened to the police officer at the scene. Be specific regarding details like the accident’s location, the actions of each involved driver, and any relevant traffic laws that the drivers broke. Avoid speculating or admitting fault, even if you contributed to the crash.
The Importance of the Police Report
When the police arrive at the scene of an accident, they will create an official report documenting their findings. This police report can be crucial to your insurance claim. It provides an impartial account of the accident based on evidence at the scene and statements from involved parties and witnesses.
If someone lies about the accident to the police, they commit a crime. Providing false information in a police report is a form of perjury and can result in criminal charges. If you suspect that the other driver has lied in their statement, inform the police officer and provide any evidence you have to support your claim.
In some cases, the police may not be called to the scene of an accident, especially if there are no injuries and the vehicles are still drivable. If this happens, you should still file a report with your local police department immediately. This creates an official incident record and can help support your insurance claim.
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Collecting Evidence at the Scene
To build a strong case and counter any false claims made by the other driver, gather as much evidence as possible at the accident scene. This includes:
- Photos of vehicle damage, road conditions, and any visible injuries
- Contact and insurance details for all involved parties
- Names and contact information of any witnesses
- Video footage from dashboard cameras or nearby security cameras
If you cannot collect evidence due to injuries or other circumstances, ask a passenger, witness, or nearby business owner to assist you. The more evidence you have to support your theory of events, the harder it will be for the other driver to lie about what happened.
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Dealing with Insurance Companies
After a car accident, you will likely need to file an insurance claim to recover damages for your medical expenses, lost wages, and property damage. When someone lies about the accident, it can complicate the claims process and make it harder to secure a fair settlement.
Insurance adjusters undergo training to investigate accidents and determine fault. They will analyze the police report, speak with witnesses, and scrutinize any available evidence to piece together what happened. If the other driver’s story doesn’t match the evidence, the adjuster may become suspicious and investigate further.
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Taking Legal Action for a False Claim
If someone files a false insurance claim, alleging that you were the at-fault party or alleging that they were injured in a wreck you caused when they were not, you have options. It may be possible to file a lawsuit against them. You can use the evidence you collected in conjunction with the police report to prove their dishonesty.
Some legal actions you can take are suing for defamation and suing for fraudulent misrepresentation. Your lawyer will have the ability to assess what type of lawsuit would be appropriate to file in your circumstances.
Additionally, filing a false police report can result in criminal charges. Under Tennessee Code 39-16-502, this is a class D felony. The penalty can include fines of up to $5,000 and from two to 12 years in prison.
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The Role of a Car Accident Lawyer
Dealing with a dishonest driver and working through the legal system can be challenging, especially when you’re also coping with injuries and financial losses. That’s where a seasoned car accident lawyer can help. An experienced attorney can investigate your case, gather evidence, and build a strong argument on your behalf.
Your lawyer can also handle communication with insurance companies and negotiate a fair settlement covering all of your damages. If necessary, they can represent you in court and fight to hold the at-fault driver accountable for their actions.
When choosing a car accident lawyer, look for someone with experience handling cases involving dishonest drivers and conflicting stories. Schedule a consultation to discuss your case and learn more about your legal options. A good attorney will listen to your story, explain your rights, and develop a strategy tailored to your unique situation.
Seeking Justice and Fair Compensation
If a driver’s actions caused your injury in a car accident and they lied about it, you deserve justice and fair compensation for your losses. By gathering evidence, working with the police, and enlisting the help of a skilled car accident lawyer, you can build a strong case and fight back against false claims.
Remember, you don’t have to face this situation alone. AtĀ Gatti, Keltner, Bienvenu & Montesi, PLC, our Memphis car accident lawyers understand the frustration and anger that comes with being the victim of a dishonest driver. Our compassionate attorneys are here to listen to your story, explain your rights, and guide you through the legal process. Contact us online or call us today at (901) 526-2126 for a free consultation.