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BossofBosses | Can a person make a claim against my insurance company for an accident that never happened? No police report.? |
My son was driving my vehicle while out on a date with a young lady he'd met. He says that the woman got extremely intoxicated, started acting crazy, and jumped from truck while it was moving down the road at about 15mph. About a year and a half later, the woman is making a claim against my insurance company claiming that my son ran into a fire hydrant and now she has a neck injury. Of course the woman never made a police report because the police would have wanted to see the truck, and therefore would have seen that there wasn't any damage; but her claim is that she didn't make the report because she was scared. This all happened in MN and my question is what can they do? Will my insurance pay this bogus claim? I am a little nervous because she has some attorney who has taken up her case. |
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Phil
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Turn this matter over to your insurance company and let them deal with it. Adjusters have ways of gathering evidence to proof or disproof a claim. For example, if your son hit a fire hydrant, where is the damage to your vehicle. Even repaired damage will display evidence when inspected.
As for the police report, the lack of one doesn't prevent her from filing a claim and/or lawsuit against you. |
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mbrcatz
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You tell your adjuster that this is a bogus claim, she was drunk and jumped from the moving car. Now, in many states, she'd still be eligible for "medical payments" if she saw the doctor after that. But your company is NOT going to do anything other than file it - and there's a GOOD chance they won't even take the claim report from her.
The attorney is probably her new boyfriend. |
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Dave1001
 |
Insurance companies generally allow what's called a "claimant's report." Usually you see those where a person was hit by someone and they want to claim it on the other person's insurance rather than their own.
The good news for you is that you have insurance. The adjusters deal with attorneys all of the time and they are not intimidated by the fear of a lawsuit. If she is going to make this thing stick, she has quite a bit of explaining to do. There are quite a few things that she seems to be asserting that need to be proven before a claim will be paid out.
I wouldn't get too worried about the attorney. They may go on a fishing expedition to see what they can get. They will probably figure out that they are running into a buzzsaw and it will all go away. |
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bmwdriver11
 |
The insurance company will call and get your side. Without a police report and no evidence (as long as it really didnt happen), they will likely put their own attorney on the case and fight it. Its possible they could always settle so as to avoid legal fees, but given how slam dunk this sounds, it seems unlikely. |
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Jason S
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I am sorry to hear that this is happening to you. Unfortunately, there does not need to be a police report for an insurance company to pay out on a claim.
The fact that this accident never happened needs to be brought up again and again with the insurance company. Make sure they know that this did not happen as she says it did. Unfortunately when it is he said/she said, the insurance company may pay or not and they have every right under the policy to go either way.
My advice would be to be adamant with the company that this never happened.
I hope this helps! |
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GirlUdontKnow
 |
Get as much proof as you can to back up your son and keep it in a file. This is a he say/she say, so good luck! I don't think your insurance company will pay her anything, however that doesn't mean she will stop at a denied insurance claim. |
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kikidismom
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Tell your insurance company NOW about what is going on. All the insurance companies have fraud divisons that prove fraud and work to put people in jail that make fraudulent claims. In some states there can be rewards to people who turn in folks that try to make a fraudulent claim. If you still have the car your son was driving, take a pix of it. |
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Brian C
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Your insurance company's claim adjuster will review the claim, and once he/she sees that there is no evidence, then they will deny the claim. At that point she can either get her insurance co to try to fight for her, or go to court, both of which are losing battles for her with no report or evidence. |
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Insurance MAN
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Good GOD! Some people should seriousley noy answer questions unless they know what the heck they are talking about.
YES. ANYONE can file a claim on your policy. It is up the insurance company to investigate and determins if there is any merit to the argument.
They may choose to pay to avoid legal costs if they feel there is a reasonable chance they may have to pay more. Sometimes setteling a case for 500 is better than going to court and paying attorneys 25,000. The best thing you can do is contact the adjuster, and explain your side of the story, they will appreciate your co-operation, ans make sure you make a full disclosure to him. The abscense of a police report only damages her claim, she can still file, and still get paid without one. The key here is it is up to the adjuster and the company as to what they feel the best course of action is. They dont need your permission to pay a claim either. |
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sparkle555_2000
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I very much doubt they would pay, as there is no police report and no evidence that the accident happened. |
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ernesto_tig
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Other people cannot file claims against your insurance, only you can do that.
That said, if you get dragged into a lawsuit and want your insurance company to defend you, you'll need to file a claim. No claim, no insurer defense, no insurer defense, your insurance company will fight paying any judgment.
Hopefully you have a good auto and umbrella policy. Having pre-paid legal or a good relationship with a local attorney would also be helpful. Good luck. |
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