Insurance Scam

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Wed 4 Apr 2018 20:43
Insurance Scam - KJP 123

Q and A on HJ. I think Tim Kelly is wrong but what do others think?

A driver slammed on their brakes so I hit their car - how do I refute this fraudulent insurance claim?

Q. Two weeks ago I was driving, had just gotten off the freeway and was approaching a green light. As I did, the lady in front of me proceeded to slam on her brakes as the light had just turned yellow. I slammed on my brakes and my wheels slid. She jolted forward maybe two feet but my tires slid and I bumped her. There was one other person in the car, who sat in the back. I took photos of both her car and mine, but there was no damage. Both people in the car were also fine and there was no damage to property inside the car. We exchanged information, although she was quite rude and understandably frustrated. I calmly asked her for the information I knew I needed and left. She called 911 and then her insurance company while I was there. I just got a letter from our insurance company saying that over $1000 of damage was done. What do I do? How do I refute the, in my opinion, fraudulent claim?

A. Guessing you are in the United States from your terminology, but the premise of law will be the same. Ultimately, you may have been subject to a "crash for cash" scam. But you still hit her vehicle and, as such, are at fault and liable for her losses. You should always be able to stop without hitting the vehicle in front, even if they slam on the brakes. Contact your insurer to advise them that you feel you are being subjected to a fraudulent claim and have been targeted with this scam. Provide the information you have sent me and send them the pictures as well.

I doubt it is a scam and Tim Kelly should have said so. She did not stop for no reason but because the lights had changed and so, in UK at least, you are meant to stop if you can.

If it was a scam surely the claim would be for much more? Whiplash. The OP says that there was no damage but underneath the bumper isn’t there foam that on later professional inspection could have been found to have been damaged and hence the fairly low claim?

He is encouraging a poor driver to fight a legitimate claim which they should be responsible for.

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Wed 4 Apr 2018 21:34
Insurance Scam - alan1302

He only said that may have been a scam and to just talk with your insurer. Can't see that they have said anything wrong.

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Thu 5 Apr 2018 00:51
Insurance - possibly a scam - Avant

I agree with Alan. Tim Kelly was right to raise the possibilty of a scam: there are lot of pseudo-whiplash claims being made in the UK and no doubt elsewhere as well.

But it could have been a genuinely over-cautious driver, perhaps with points on their licence, who decided to stop when it might have been safer to keep going through the amber light.

Agreed - just talk to the insurer.

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Wed 25 Apr 2018 16:51
Insurance - possibly a scam - 520i

It clearly isn't a scam, that's obvious surely. The car ahead braked for a yellow light. The OP was clearly failing to anticipate what was in front of them - if the car ahead hadn't stopped, the OP would have had to either brake sharply to have pulled up in time or just sailed through the lights regardless. Additionally, how many crash scammers choose a location where you would fully expect the following vehicle to be slowing and anticipating having to stop for a changing traffic light?! And what, she had the impeccable foresight to know precisely when the light was going to change and hit the anchors at just the right second.... come off it, run-of-the-mill failure to pay attention, surely!

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