Faking Injury in Car Accidents

How to prove someone is faking an injury

Claiming false injury in a car accident creates a serious issue for the remainder of the parties involved in the lawsuit. However, proving that someone is faking an injury can be quite difficult, especially without proper legal guidance. Fake injury claims can sometimes be nearly impossible to point out if the injury is faked well enough. This is why it’s essential to have an experienced car accident attorney.

If you’re convinced that the other party in the car accident is faking an injury, there are a few ways you can go about proving these false claims: 

1. Speak with a car accident lawyer: Discussing the situation with a car accident attorney is one of the first things you should do once you become concerned about a false injury claim. An experienced car accident lawyer can guide you through the process and tell you what information is necessary to prove the falseness of the injuries.

2. Conduct online research: These days, conducting online research can be invaluable, especially for some aspects of a lawsuit, such as proving false claims. Social media can be very convenient in these situations. It’s not uncommon for people claiming false injuries to post on their social media accounts and portray themselves as being fine and healthy. This type of evidence can help you quickly disprove false injury claims. 

3. Hire a private investigator: This may not be the most common way to disprove a person’s injury claims; however, it may still be an option for some people. A private investigator can check on the person claiming the false injury to see whether it is truly an issue impacting their daily lives or if it’s just a facade used for the sake of the car accident lawsuit.

Faking injury claims, insurance increasing rates

Faking an injury often results in increased insurance rates for the opposing party. This could be especially problematic for someone who is truly the victim in the incident and is now faced with increased insurance rates over an injury they did not cause. 

Fortunately for most victims of fraudulent injury claims, insurance companies are likely to work in the best interest of the victim. Your insurance rates will not increase simply as a result of these false claims, which is why it’s important to prove their falsity as soon as possible. If you were injured in an accident and are dealing with another driver faking an injury and claiming damages, an experienced personal injury attorney can help.

How do insurance companies defend against false injury claims?

Unfortunately, faking injuries in a car accident lawsuit isn’t uncommon. As a result, however, insurance companies do have methods in place to recognize false claims and protect insured parties against them. Insurance companies have specific indicators that usually set off some red flags, making them likely to follow the supposedly “injured” party more closely.  When an insurance company becomes suspicious of fraudulent activity, it will conduct its own investigation into the matter.

Types of false injury claims

Two of the most common types of false injury claims include: 

1. Soft insurance fraud: This type of fraudulent claim is the most common type of insurance fraud and occurs when the claimant exaggerated a preexisting injury to make it seem more severe than it is as a way to receive a higher compensation.

2. Hard insurance fraud: This type of false claim is known as premeditated insurance fraud and is the result of an intentional decision such as causing an accident for the sake of an injury to receive compensation from the incident. 

Should I contact a lawyer?

If you believe you may be the victim of insurance fraud in your car accident case, then you should immediately contact an experienced attorney. If you’re looking for a car accident attorney in Las Vegas to discuss potential false claims, the law offices of Adam S. Kutner are well-versed in these issues and can provide you with exceptional legal guidance.