After a harmful accident, the claims process can proceed quickly and smoothly if everyone is truthful about what happened. However, there are times when other drivers and even witnesses might lie to try and make things easier for themselves.
So, can you sue someone for lying about a car accident? It is important to understand how a lie can affect your claim and how you can hold someone responsible for covering up the details of the crash.
What Are Your Legal Options if Someone Lies About a Car Accident?
If someone lies about your car accident, you can sue them for the damages caused by their lie. You would not be suing them for the act of lying itself, but you can file a civil claim to recover compensation for the pain, suffering, inconvenience or financial losses resulting from their lie.
For example, if the other driver wrongfully claims that you caused the accident, you can file a defamation lawsuit for damaging your reputation. If the other person’s lies cause the insurance company to deny your claim, you can sue them for fraudulent misrepresentation and recover compensation for the losses you incurred due to the claim denial.
If someone lies to the insurance company, and the insurance company believes the lie without conducting a proper investigation, then you might also be able to sue the insurer for acting in bad faith.
Why Would Someone Lie About a Car Accident?
When someone causes a car accident, they might lie about it to protect their pride or because they think they will have to pay for the damage. In reality, their auto insurance provider will cover the damage, so there is usually very little to gain by lying.
Witnesses might lie if they know the person who caused the accident. They also might pretend they did not actually see anything, so they can avoid the inconvenience of providing testimony. These types of witnesses might not realize how much damage their silence can cause to the people harmed by a serious car accident.
If you experience a car accident, it is very important to
avoid admitting fault in any way. Even if you simply say “I’m sorry,” the other driver might use that as an excuse to lie and say that you were solely responsible for causing the accident.
What Happens if Someone Lies About Injuries in a Car Accident?
In states that have
comparative negligence laws, another driver might lie about having injuries to try to get compensation from you. Comparative negligence means that any driver involved in an accident can recover compensation for their damages, but it will just decrease in proportion to their degree of fault.
If the other person lies about having an injury from the accident, and they are able to prove that you were partially at fault for the accident, then it may seem like you are responsible for covering part of their medical expenses.
Working with a personal injury lawyer will ensure that you have someone on your side who will thoroughly investigate to make sure the other party does not get away with this type of lie. If it turns out that someone is lying about an injury, you can sue them for the economic and non-economic damages they caused by being deceitful.
What Happens if a Car Accident Witness Is Lying?
If a witness lies about a car accident, they can face serious legal repercussions. Witnesses have just as much of an obligation to be truthful as the people actually involved in an accident. When a witness lies, they can disrupt a serious investigation or cause significant damage to the people suffering after a crash.
A witness’s lies can result in denied insurance claims, lower settlements or longer case proceedings. This means that you can sue a witness for this behavior and claim due compensation through a civil lawsuit.
Can You Dispute a Lie Without Having To Sue?
It may seem appropriate to immediately sue someone if you find out that they are lying about your car accident. The lie may make it apparent that they are willing to cause you further harm for their own benefit. However, it is usually a good idea to handle the dispute outside of court if possible.
The first step in
disputing car accident fault is to gather as much documentation as possible. Photos of the accident scene, receipts for your property damage and medical bills relevant to your accident injuries can all help prove who caused the accident and how much your damages are worth.
The next step is to rely on your car accident lawyer. An attorney likely has much more experience navigating discussions with people who are willing to lie and manipulate. Car accident lawyers also have a deep understanding of insurance policies, which puts them in a strong position to present the truth of your case to the insurance company.
How Can a Lawyer Help When Someone Lies About a Car Accident?
Experienced personal injury attorneys will have many car accident cases under their belts. They know what type of evidence to search for during an investigation, and they know the right questions to ask. They can use this experience to quickly identify inconsistencies and catch someone in a lie if they try to cover up what happened during a car accident.
Other ways a lawyer can help your case include:
- Filing your initial claim for you
- Completing the necessary paperwork in your name
- Negotiating with the insurance company
- Advocating for a fair accident settlement
If the insurance company chooses to side with the lie even after your legal team presents evidence, you may have to
take your claim to trial. Having a lawyer who understands the litigation process can make a positive difference when presenting your case to a judge and jury.
Sargon Law Group Can Help With Your Accident Lawsuit
It can be very difficult to keep track of everything during your car accident claim, especially if you are recovering from serious injuries.
Our car accident attorneys at Sargon Law Group are here to make sure the other driver is being truthful and to help you understand when you can sue someone for lying about a car accident.
We represent personal injury cases in Arizona, New Mexico, Colorado and California. Contact us today to discuss how we can help you and schedule your free consultation.
Resources:
https://www.azleg.gov/ars/12/02505.htm
