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Repercussions of denying an insuramce claim


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#1 zyxwvuts

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Posted 22 August 2012 - 10:58 AM

i apologize for the length of this question but i am wondering of the legal repercussions for the hole I have dug myself in....here is the situation:

A few months ago I went to a baseball game and drank more than I should have and I made the bad decision to drive home. A few days later i noticed some damage to my front end but I didn't think much about it. Our garage is a tight squeeze and perhaps it had happened before and I just realized it.

Fast forward 3+ months, our car insurance company call to say someone filed a claim that I rear ended them that day. The damage was more than $1000. They filed a police report and got our license plate number. I have absolutely no recollection of this happening so we denied any knowledge of it. We then got our car fixed so when the insurane company came to inspect it there wasn't any damage.

I am concerned about 1.) insurance fraud, 2.) criminal charges for a hit and run and/or dwi, and 3.) the fact that my husband was named the driver (they are convinced it was a man driving although he was home sick) and he is on probation for a DWI right now.

I don't know what to do from here...do we tell the insurance company we lied? Obviously they want someone to pay for these damages. We can cover all costs and then some but i am pregnant and have an 11 month old and i don't want to go to jail!

#2 GuessAgain

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Posted 22 August 2012 - 11:16 AM

I suppose it shouldn't surprise me that while you mention paying for the other party's damages, you give no concern to the notion that you might have hurt them in the accident you don't remember because you were too drunk. Lying to your insurance company will get your policy cancelled. Lying to the cops will get you prosecuted when they come up with the evidence you lied and tampered with evidence (fixing the car to hide the damage) could constitute another criminal charge. Repair records are easy enough to get and if the cops or the other party is motivated enough, they will find it. Absent your admission that you were too drunk to drive, right now there is no evidence to charge you with that but you don't know how many other witnesses there were other than the person you hit.

#3 pg1067

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Posted 22 August 2012 - 12:00 PM

I am concerned about 1.) insurance fraud . . . .

I don't know what to do from here...do we tell the insurance company we lied?


I can't tell to whom you lied? Denying knowledge of an accident you have no recollection about isn't lying. If there's more to it than that, you should clarify, and I might change my answers.


I am concerned about . . . criminal charges for a hit and run and/or dwi, and 3.) the fact that my husband was named the driver (they are convinced it was a man driving although he was home sick) and he is on probation for a DWI right now.


Seems to me that both of you might want to consider some alcohol abuse counseling.


Obviously they want someone to pay for these damages.


I'm not sure who "they" are. You didn't say what the outcome of the claim with your insurance was. If your insurance pays the claim, then that will be the end of that. I would think that a DUI prosecution if unlikely since there is no evidence of your level of intoxication (although the other driver might be able to testify to facts that might support a DUI).

#4 zyxwvuts

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Posted 22 August 2012 - 01:32 PM

Thanks for the responses. First, no one was injured thankfully. That was my very first question when we gained knowledge of the accident.
I feel that we lied to our insurance agent. No, I don't have any recollection of the accident. But we did get our car repaired with the original thought that we damaged the front corner when I hit our garage (very tight sqeeze). We were worried that this would impact the outcome of the insurance claim and we wanted to address it in advance.The original damage was thought to be pretty superficial but once they took the bumper off, they realized it was likely more impact than hitting the garage wall. So that is probably when we should have disclosed it to the insurance company. The claim is still being investigated. And yes, we are both going to AA to address the alcohol abuse issue.

#5 pg1067

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Posted 22 August 2012 - 03:30 PM

Ok, so you can either disclose your suspicions or not.

If you don't disclose, your insurer might pay the claim, and your rates will go up. Or your insurer might deny the claim and you may get sued by the other driver.

If you disclose, the same results may obtain.

#6 FindLaw_Amir

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Posted 23 August 2012 - 11:41 AM

If the claim is still being investigated, then I would suggest you consult with a local Lawyer to advise you of your options on how to proceed.
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