QUESTION
What can I do if false insurance information was given for an auto accident?
Asked on Aug 13th, 2012 on Personal Injury - California
More details to this question:
I was rear ended in an accident in July in Tennessee. The other driver gave me false insurance information along with the police for the accident report. I have not turned this in on my personal insurance as the damage was less than $1000, and my deductible is $500. I tried to work this out with the other party, but no luck, he just kept lying. What would my next step be? Do I call the police and let them know the info was false? Do I file a claim in small claims court?
14 ANSWERS
Criminal Defense Attorney serving Tarzana, CA
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The Law Office of Anthony A. Roach
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This question needs to be posted in the category for Tennessee attorneys to answer.
Answered on Jul 11th, 2013 at 12:32 AM
Ronald A. Steinberg
You need to consult with a lawyer in Tennessee. I would not feel comfortable advising you about a "foreign jurisdiction," especially in the South, where they consider us Northerners as "damn yankees," and have no problems "sticking it to us."
Answered on Aug 20th, 2012 at 2:31 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I would inform the police that the information was false. Because it is a small claim they will, likely do nothing. You may file a small claim but you must do so in the county where the defendant lives (Tenn?).
Answered on Aug 15th, 2012 at 3:47 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You should report the incident to the police and file a small claims case to recover your damages. It's also a good idea to claim it on your insurance too.
Answered on Aug 15th, 2012 at 3:46 PM
Joseph John Ganz
Report it to the police Dept that investigated the collision.
Answered on Aug 15th, 2012 at 3:46 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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You will not get money from a liar. The court cannot force him to pay. you may get a judgement. on the other hand he will not honor that judgement. He is a proven liar. I would turn this into my insurance company.
Answered on Aug 15th, 2012 at 3:46 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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You can tell the guy you're going to get his driver's license suspended if he doesn't pay up. At any DPS/Driver License office they'll tell you how to file the affidavit to get it done. If there's not a reciprocal agreement with Tennessee that allows you to file through Texas authorities, you might have to go to the Tennessee safety responsibility/driver license office. There are similar procedures for pulling the licenses of uninsured drivers who have at-fault accidents in every state. You ought to be able to find the appropriate Tennessee authority online.
Answered on Aug 15th, 2012 at 3:44 PM
You can do either. If you think you can locate the person then small claims might be an option. However, there is always the issue of collecting any judgment. If you call the police and charges are filed, then they can make restitution be apart of any deal they work out.
Answered on Aug 15th, 2012 at 3:44 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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Since the accident was in Tennessee, you should consult a Tennessee attorney about this matter.
Answered on Aug 15th, 2012 at 3:43 PM
Dennis P. Mikko
You could contact the police and advise them of the false information. If the other driver does not have insurance, a likely reason he gave false information, you could file a claim in small claims court for the damages. Since Michigan is a no-fault state, if the other driver does have the required insurance, you could not pursue a damage claim against him. If you sued him in small claims court, he would have to prove he had valid insurance coverage at the time of the hearing. If he has valid insurance, you could only make a claim against your policy for damages to your vehicle. Since it appears the part not covered by your deductable is small, it may be to your benefit to just pay yourself and not make a claim against your policy. A claim against your policy could adversely affect your rates even if you were not at fault under a new rating formula used by many Michigan insurance companies.
Answered on Aug 15th, 2012 at 3:42 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, notify the police, and yes, take him to small claims court - in Tennessee.
Answered on Aug 15th, 2012 at 3:42 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I believe you should report it to the police. In South Carolina, if you cause damage and it is not covered by insurance, your license gets suspended until you settle the damage claim.
Answered on Aug 15th, 2012 at 3:42 PM
1 Award
Contact the police and inform them that he gave false information and you believe that he does not have any insurance at all. Inform the police that you want him charged with any and all crimes possible as a result of him providing false information and not having insurance. Also ask the police to provide you with his insurance information if he does have such. If the police advise you that he does not have insurance, your alternative is to file suit against him.
Answered on Aug 15th, 2012 at 3:41 PM
1 Award
Contact the police and pursue defendant in small claims court to keep your rates from going up.
Answered on Aug 15th, 2012 at 3:39 PM