What Should You Do If the At-Fault Driver Lied To Insurance?

What Should You Do If the At-Fault Driver Lied To Insurance?

One false statement from the other driver can turn a clear personal injury claim into a fight over who’s to blame. Here's how to make sure the evidence speaks louder than the lie.

Key Takeaways

• Insurance adjusters can uncover lies about how a car accident happened by comparing each driver’s story with police reports, photos, witness statements and vehicle damage.
• Drivers can ask the police department to correct factual errors about a car accident in the police report or add a written statement if an officer will not change a disputed detail.
• Some drivers lie about how a car accident happened to avoid higher insurance rates, tickets, criminal charges or financial responsibility. Others may honestly remember the crash incorrectly.
• Arizona and California reduce compensation based on each driver’s share of fault in a car accident. Colorado bars recovery when a driver is 50% or more at fault.
• Drivers can challenge a denied or reduced car accident claim by submitting new evidence, negotiating through an attorney or filing a lawsuit before the legal deadline.
  

You watched the other car run the light. You know exactly how the collision happened. So it can feel maddening to find out the at-fault driver lied to insurance and pointed the finger at you instead.

False statements after a crash happen more often than most people expect, and insurers don't automatically side with the injured person. What you do after the crash can determine whether the truth comes out and whether you recover the compensation you deserve.

What Happens If Someone Lies About a Car Accident?

When a driver gives a false statement after a crash, the insurance company treats the claim as a fault dispute. The adjuster won't simply pick one story over the other. Instead, they open an investigation and weigh both accounts against the available evidence, which is why a lie alone rarely decides a claim.

That doesn't mean a lie is harmless. It can delay your payment, lower the settlement offer or lead to a claim denial while the insurer sorts out the conflicting versions.

If the lie comes to light, though, the tables turn quickly. The other driver loses credibility with the adjuster, and a knowingly false statement made to obtain or avoid an insurance payout can even expose that driver to fraud penalties under state law.

How Can You Prove the At-Fault Driver Lied To Insurance?

Physical proof never changes its account, which is why knowing what to do when the other driver lied about the accident always starts with gathering everything that documents the crash.

Photos of the vehicles and the scene, dashcam or traffic camera footage, statements from witnesses and the location of damage on each car all help show what really happened.

Many newer vehicles also store speed, braking and steering data in an event data recorder. Cell phone records can reveal whether the other driver was texting at the time of impact. Even your medical records play a role because your injuries should match the type of collision you describe. When these pieces line up with your version of the accident and contradict theirs, the lie can become much more obvious.

What If the Police Report Contains the Other Driver's Lie?

A police report matters to insurance companies, but it doesn't decide who caused the accident. Because officers usually arrive after the crash, the report often includes what each driver said rather than what the officer saw. If the at-fault driver lied, the report may repeat that false story, but that doesn't make it true.

How To Correct an Inaccurate Police Report

If you want to correct a false police report, start by contacting the law enforcement agency that wrote the report. Factual errors, such as a wrong license plate number, an incorrect street name or a misspelled name, are usually easy to fix once you provide documentation like your registration or insurance card.

Disputed facts are harder to change. An officer generally won't rewrite the narrative just because you disagree with the other driver's account. Most departments will, however, let you submit a supplemental statement that gets attached to the official file.

Trying to correct the report soon after the accident matters here because insurers often review the report early in the claim, and you want your side documented before fault decisions get made.

Why Do Drivers Lie About Car Accidents?

Admitting fault feels expensive and risky, so when an at-fault driver lies about a crash, it's usually to avoid a consequence they see coming. Common motivations include:

• Avoiding higher insurance premiums after an at-fault accident
• Dodging a traffic ticket or criminal charges, such as DUI
• Hiding the fact that they were uninsured or driving on a suspended license
• Fearing personal liability for your injuries and vehicle damage
• Protecting a job that requires a clean driving record

Not every false statement is a deliberate lie. A crash happens in seconds, and shock, fear and confusion can affect a driver’s memory. Some drivers may honestly remember details incorrectly or come to believe a version that makes them look less responsible.

Whether the false statement is intentional or not, it can still hurt your claim, so focus on gathering evidence that shows what actually happened.

What Damages Can You Recover If the Other Driver Lied?

A lie about the crash doesn't change the types of compensation you may receive in a personal injury claim. Once you prove who was at fault, you may seek compensation for:

• Current and future medical bills
• Lost wages
• Reduced ability to earn income
• Vehicle repair or replacement costs
• Pain and suffering

The lie simply makes it harder to prove your claim and recover the money you’re owed. In cases involving extremely dangerous behavior, such as drunk driving, courts in Arizona, California and Colorado may also award punitive damages. Punitive damages are meant to punish the at-fault driver, not repay you for a specific loss.

Can a Lawyer Help Prove the At-Fault Driver Lied?

A car accident lawyer can gather evidence showing that the at-fault driver lied about how your accident happened. Your lawyer may do the following:

• Send letters requiring businesses or government agencies to preserve camera footage
• Obtain phone records and other documents through subpoenas
• Locate witnesses and take statements
• Hire experts to examine vehicle damage and other physical evidence

These steps can preserve important evidence and show whether the at-fault driver’s story matches the facts. If you file a lawsuit, your lawyer can also question the other driver in a deposition. The driver must answer under oath. If those answers conflict with what the driver previously told the police or insurance company, your lawyer can use the differences to prove the driver lied.

How Do Insurers Determine Who Was at Fault?

Insurance adjusters determine fault by comparing several types of evidence, including:

• The police report
• Statements from you, the other driver and witnesses
• Photos and videos
• Vehicle damage
• Repair estimates
• Traffic laws

The location and type of vehicle damage can help show how your accident happened. For example, damage to the rear of one vehicle and the front of another may support your claim that the crash was a rear-end collision.

The adjuster also looks for traffic violations, such as running a red light or making an unsafe lane change. After reviewing the evidence, the insurer may assign you and the other driver a percentage of fault. Your percentage can directly affect how much compensation you receive, which is why a lie that shifts blame onto you can seriously hurt your claim.

Can the Insurance Company Deny Your Claim Over a False Statement?

An insurance company may reduce its offer or deny your claim if it believes the at-fault driver’s false version of the accident. A denial doesn't prove that the other driver was telling the truth, and it doesn't always end your claim.

You may be able to challenge the decision by:

• Providing new evidence
• Asking a supervisor to review your claim
• Having a lawyer negotiate with the insurer
• Filing a lawsuit

Your own insurance may also cover some of your losses while the dispute over fault continues. The coverage available to you will depend on the terms of your policy.

Can You Sue Someone for Lying About a Car Accident?

You can sue the driver who caused your accident, even if that driver lied about what happened. Your lawsuit is usually based on the driver’s careless actions rather than the lie itself.

To prove negligence, you generally must show that:

• The driver had a duty to drive safely
• The driver failed to meet that duty
• The driver caused your accident
• You suffered injuries or financial losses

The lie can still positively impact your case because it may damage the driver’s credibility. If the driver gives different stories or lies under oath, the judge or jury may be less likely to believe the rest of the driver’s testimony. Lying under oath can also lead to separate legal consequences.

How Does Comparative Fault Reduce Your Settlement?

Comparative fault rules reduce your compensation when you're partly responsible for the accident. Arizona and California use pure comparative fault. This means you may still recover compensation even if you were mostly at fault, but your payment is reduced by your percentage of responsibility. For example, if your losses total $100,000 and you're found 30% at fault, your recovery may be reduced to $70,000.

Colorado uses modified comparative fault. Your compensation is reduced when you're less than 50% responsible. If you're 50% or more at fault, you generally cannot recover compensation.

Because your percentage of fault directly affects your compensation, a false statement from the at-fault driver that shifts even part of the blame onto you can reduce or eliminate your settlement.

Can Accident Reconstruction Help Prove Fault?

Accident reconstruction can help prove fault by using physical evidence to explain how your crash happened. An accident reconstruction expert may study:

• Skid marks
• Debris
• Vehicle damage
• Vehicle data
• Road conditions
• The location and angle of impact

The expert can use this evidence to estimate speed, direction and the order of events. If the at-fault driver claims you caused the crash but the physical evidence shows otherwise, the reconstruction may show that the at-fault driver lied.

Your lawyer may use accident reconstruction when you and the other driver give conflicting accounts or when the available evidence is difficult to interpret.

How Long Does It Take to Resolve a Disputed Fault Claim?

Your disputed fault claim may take six months to a year to resolve. If you file a lawsuit, the process may last a year or longer, depending on the evidence, the court’s schedule and whether your case goes to trial.

You can still settle your claim at any point. Many disputed claims resolve once strong evidence shows that the at-fault driver’s version of the accident is false.

Should You Accept a Settlement in a Disputed Fault Case?

You should be careful before accepting an early settlement offer in a disputed fault case. Insurance companies may offer less when fault is unclear because they expect a longer fight over who caused the accident.

Before accepting an offer, you should consider:

• The full cost of your medical care
• Any future treatment you may need
• Income you lost during your recovery
• How your injuries affect your daily life
• The strength of the evidence against the at-fault driver

Keep in mind that signing a settlement release usually ends your claim permanently. You generally cannot ask for more money later, even if your injuries become worse or your future expenses are higher than expected.

Strong evidence that the at-fault driver lied can give you more room to negotiate and help prevent the insurer from unfairly reducing your settlement.

When Should You File a Lawsuit After a Driver Lies?

You must file your personal injury lawsuit before your state’s legal deadline, known as the statute of limitations. In Arizona and California, the deadline is generally two years from the date of the accident. Colorado generally allows three years for injury claims involving motor vehicle accidents.

Your case may have a shorter deadline or special rules, especially if it involves a government vehicle, government agency or injured minor. Missing the deadline can prevent you from filing a lawsuit, no matter how strong your evidence is.

You don't always have to wait until negotiations completely fail before filing. A lawsuit allows your lawyer to request evidence, question the at-fault driver under oath and prepare your case for a judge or jury. Filing may also push the insurance company to take your disputed claim more seriously.

Get Legal Help After the At-Fault Driver Lied To Insurance

Sargon Law Group represents injured people, not insurance companies. Our attorneys handle car accident claims in Arizona, California and Colorado, and we've seen how fast a false statement can derail an honest claim. Our team gathers the evidence, deals with the adjusters and pursues the full compensation the law allows, so all you have to do is focus on healing.

If the at-fault driver lied to the insurance company about your crash, you don't have to fight back alone. Call a Phoenix car accident attorney at Sargon Law Group today and start setting the record straight.