Making a False Insurance Claim After a Car Accident
My question involves an injury that occurred in the state of: Texas.
I'm posting Anonymously and will do my best to write this honestly so I can receive the best advice. I'm worried my Daughter may lose her scholarship, and we are doing everything we can to fight. The other Driver is wanting to put my young Daughter in Jail.
Daughter: 2017 Ford Edge SUV
Other driver: Ford Escort 1994
Summary:
My Husband and I bought my nine-teen year old Daughter a 2017 Ford Edge SUV as a present for University.
What happened
She was going down a three lane road, left lane when she moved onto the median in an attempt to pass the driver ahead of her. She was running out of room on the median, and she tried reentering the lane. The other Driver would not move from his lane, and she was forced to collide with the vehicle to avoid running into a street sign on the median.
My Daughter pulled into the next available parkinglot, and called me. She told me everything that happened and I instructed her to lie because it could cost her scolarships, and it would raise my premiums if she's found atfault.
I told her to call the Police, and tell them that she believed the other driver may be intoxicated because he was swerving. I told her to tell the Officer that arrives that she maintained lane, and that the other driver hit her trying to merge.
The other Driver arrived in the parkinglot, and they exchanged insurance. We learned it was a youngman about twenty-four who works at a dirt plant. The left side of his vehicle was in bad shape due to the force my Daughter had to use to get into the lane. It was just him, and he had no witnesses.
The Officer arrived, and spoke to my Daughter. They performed a breathalyzer on the man, but not my daughter, and made him perform a sobriety walk. He told the Officer that due to an childhood injury in his left eye, he would have 'Mydriasis' in the left eye. Unfortunately, he passed and the Officer wouldn't write out a report on the accident. He didn't have any warrants we could get him on.
The Claim
As soon as we arrived home we claimed. We lied, and told the Agent that the collision occurred when he was merging from the left lane, and that he admitted fault at the accident. We lied and said that he said his blindness in his left eye caused the accident.
We took advantage of the fact that no police-report was written for the accident. This meant we could introduce witnesses.
We had two friends who said they would vouch as witnesses, though they weren't there. So we used them and printed them out a story to tell to the insurance-agent when they call.
The Employer
We wanted to cement this thing.
We learned the young man drives for a living, and contacted his employer. The Employer would not help us because the accident did not occur in the company truck, but did tell us this Driver's CDL was contingent on not having an accident because he had a Texas State Vision Waiver as an exception on his DOT Physical, so he would lose his job if he was found atfault because he wouldn't have a license.
They gave us the number to call to report. We called and reported him to the Department of Public Safety. We learned the youngman's CDL license was cancelled and his waiver revoked. He no longer works for the company.
The Aftermath
The other Driver was found atfault for the accident, and his insurance company has paid for 100% of the repairs. The other Driver contacted my Daughter on Facebook (Harassment) and told her that he had a Class A CDL and that due to the 'fraud' in the incident he has lost his license, and job and that he plans to get footage and will sue for his schooling, lost wages, and damages to his vehicle. I instructed her to immediately block him and she did.
What happens now
We're worried.. if he obtains the footage from one of the streetcameras we could be in trouble, we are concerned about what could happen. Background check shows that he has Obstruction of an Officer, Failure to Pay, and Vagrancy charges in other states. He's usually Homeless and travels. We're hoping we can argue that the man is no stranger to the law, and is making trouble.
We have some questions.
1. If he obtains footage of the accident, could the insurance case be reopened? Could we be found atfault for the accident?
2. Can he press charges for fraud or lying? That I know of, it isn't illegal to lie in accidents.
3. If this makes it to a court-room, can we use his criminal history against him? He has Obstruction of an Officer and Failure to pay, which I'm sure the courts will just love. It's evidence that he has a history of lying.
4. Is he correct? Can he sue us for his CDL schooling and lost wages?
5. The youngman has verbally abused my Daughter by calling her a 'lying cheating c*nt'. We have documented it. Can we have charges pressed?
6. How should we proceed in this? Can we do anything to make it so he can't access street camera footage? Is there a law that says because my daughter is in it that he can't use it because of privacy?
7. My Husband is worried she could be charged with wreckless driving. Is this possible?
7. Most importantly. Could my Daughter's scholarship be in jeopardy?
Thank you for reading. My Husband and I appreciate all advice. I'll add my Daughter graduated full honors and is educated. She has never been in trouble with the law. This other driver isn't educated and has been in Jail. I'm not sure if that can be used for anything, but I'll leave it there at your convenience.
Re: Urgent. Daughter Hit a Vehicle, and We Lied. Scholarships and Jailtime
So you told your daughter to lie, and lied yourself, costing another person his job, losing him his income, and you want us to give you tips to further the fraud you are perpetrating? I’m not going to do that, and I hope no one else does either. You did your daughter no favor teaching her that lying and hurting others is the thing to do. By the way, being at fault in an auto accident would not usually cause a kid to lose a scholarship, but being guilty of fraud and deception certain would do that. Your main risk here was the auto insurance increase, and having your daughter pay for that would have been an excellent lesson in auto safety. You chose instead what I think is despicable behavior. You’ll get no help from me. Indeed, I hope the other driver succeeds in exposing your lies.
Re: Urgent. Daughter Hit a Vehicle, and We Lied. Scholarships and Jailtime
You gave your daughter incredibly stupid advice. Get her a lawyer and stop "helping" her.
1. You betcha.
2. He can't bring charges, but he can inform the insurance companies and the police/prosecutor of the fraud. That may lead to the state deciding to prosecute the both of you. Your knowledge is completely incorrect. Engaging in deception (including making false statements) in order to achieve personal gain is the definition of fraud, both a crime and subject to civil action.
3. His criminal history has nothing to do with your criminal behavior. In CRIMINAL court, it's not you vs. him it is the State of Texas against you. Frankly, if this goes to trial, there is likely going to be plenty of evidence other than this man's testimony to convict you. Similarly, in a civil lawsuit, just because he has had a criminal record doesn't mean that your fraud is excusable nor that your daughter caused the accident not him.
4. He can sue you for the damages you caused. I suspect lost wages would certainly be in the realm of possiblity. As for his "wasted" CDL training, that is less likely because either he lost his CDL because of medical issues or not. He didn't lose it because you commited fraud.
5. There's nothing to press charges about that. He's entitled to state his opinion and to relay the actual truth. It would only be actionable if it were known to be patently false or that he repeatedly made it in an attempt to cause affront to you. I suspect you'd have a hard time getting anywhere with such a complaint (especially in light of your unclean hands).
6. Well here's what you need to do:
1. Keep your mouths shut.
2. Stop lying and stop giving incredibly stupid advice to your daughter.
3. If you get approached by the police/prosecutor, decline to speak to them and get a lawyer.
4. If sued get a lawyer.
5. If you suddenly get a fit of being a honest citizen, you can consult a lawyer and see if there's something you can do to mitigate your fraud and the destruction of this poor man's life that you and your daughter callously ruined.
6. The word is RECKLESS and that certainly is possible.
7. It wasn't until you convinced her to commit a crime. Before that, all you had is a traffic accident which likely woiuld have been handled by insurance or at the worst with an on going civil judement. You betcha now not only is her SCHOLARSHIP in jeopardy, she's going to go through life with a crimiunal record which is going to slam the door on any job where any level of trust is required.
Re: Urgent. Daughter Hit a Vehicle, and We Lied. Scholarships and Jailtime
First to OP, are you an idiot for posting this on a forum? Yes you are. The outcome was in your daughter's favor and while I think you did the wrong thing by lying, it came out in your daughter's favor. Now shut up and go away and if you get sued, contact a good lawyer. And have no communication with the other driver no matter what.
Now where is the daughter toast exactly and why would the scholarship be in jeopardy ?
And I'm not sure this isn't trolling. It's too bizarre of a post in my opinion.
Re: Urgent. Daughter Hit a Vehicle, and We Lied. Scholarships and Jailtime
I wouldn't be surprised if this is actually an episode of some TV show.
I'd look myself, but I've got a ton of important things to do. Like getting a manicure. Oh, I'm marinading a gorgeous hunk of beef for tonight's supper, accompanied by roast root vegetables and a very special bleu cheese dip.
I'll go do my hair now, I think.
Anyone want some coffee or tea?
Re: Urgent. Daughter Hit a Vehicle, and We Lied. Scholarships and Jailtime
Wow, you're bad people. I mean really, really bad. You ruined the livelihood of a young man. You cost him his CDL, his job and god know what else just to protect your daughters scholarship. You are worse than what I pick up in my yard and I have 2 large dogs.
I won't aid you or provide you advice. You did a horrible, horrible thing and this working man (me) hope that you get back more than you gave. I hope your daughter loses her license and her scholarships. I hope that you suffer for this. You deserve it.
Re: Urgent. Daughter Hit a Vehicle, and We Lied. Scholarships and Jailtime
Okay. I lawyered up. I was preparing to take him to claims court because his insurance company only covered repairs, and did not reimburse my daughters time off work due to the accident. He has notified us that he reimburse all time my Daughter had to take off work for the accident, emotional trauma, and he will reimburse my lawyer fees. In exchange we agreed we would not sue him. He will make monthly payments until we are paid off. If he lapse's, we intend to place a lean on his assets.
This can be closed. Thanks for the help for those who bothered to help me.
Re: Urgent. Daughter Hit a Vehicle, and We Lied. Scholarships and Jailtime
Quote:
Quoting
Anonymous1974
Okay. I lawyered up. I was preparing to take him to claims court because his insurance company only covered repairs, and did not reimburse my daughters time off work due to the accident. He has notified us that he reimburse all time my Daughter had to take off work for the accident, emotional trauma, and he will reimburse my lawyer fees. In exchange we agreed we would not sue him. He will make monthly payments until we are paid off. If he lapse's, we intend to place a lean on his assets.
This can be closed. Thanks for the help for those who bothered to help me.
Still a liar.
How splendid.
Re: Urgent. Daughter Hit a Vehicle, and We Lied. Scholarships and Jailtime
Quote:
Quoting
Anonymous1974
Okay. I lawyered up. I was preparing to take him to claims court because his insurance company only covered repairs, and did not reimburse my daughters time off work due to the accident. He has notified us that he reimburse all time my Daughter had to take off work for the accident, emotional trauma, and he will reimburse my lawyer fees. In exchange we agreed we would not sue him. He will make monthly payments until we are paid off. If he lapse's, we intend to place a lean on his assets.
This can be closed. Thanks for the help for those who bothered to help me.
Wow. So you're leeching money out of this guy when it was your daughter's fault for the accident. You sure are teaching her such a good life lesson... /s
I hope this is trolling because if this is true, this just shows the depravity of some people.
Re: Making a False Insurance Claim After a Car Accident
Quote:
Quoting
Anonymous1974
My question involves an injury that occurred in the state of: Texas.
I'm posting Anonymously and will do my best to write this honestly so I can receive the best advice. I'm worried my Daughter may lose her scholarship, and we are doing everything we can to fight. The other Driver is wanting to put my young Daughter in Jail.
Daughter: 2017 Ford Edge SUV
Other driver: Ford Escort 1994
Summary:
My Husband and I bought my nine-teen year old Daughter a 2017 Ford Edge SUV as a present for University.
What happened
She was going down a three lane road, left lane when she moved onto the median in an attempt to pass the driver ahead of her. She was running out of room on the median, and she tried reentering the lane. The other Driver would not move from his lane, and she was forced to collide with the vehicle to avoid running into a street sign on the median.
My Daughter pulled into the next available parkinglot, and called me. She told me everything that happened and I instructed her to lie because it could cost her scolarships, and it would raise my premiums if she's found atfault.
I told her to call the Police, and tell them that she believed the other driver may be intoxicated because he was swerving. I told her to tell the Officer that arrives that she maintained lane, and that the other driver hit her trying to merge.
The other Driver arrived in the parkinglot, and they exchanged insurance. We learned it was a youngman about twenty-four who works at a dirt plant. The left side of his vehicle was in bad shape due to the force my Daughter had to use to get into the lane. It was just him, and he had no witnesses.
The Officer arrived, and spoke to my Daughter. They performed a breathalyzer on the man, but not my daughter, and made him perform a sobriety walk. He told the Officer that due to an childhood injury in his left eye, he would have 'Mydriasis' in the left eye. Unfortunately, he passed and the Officer wouldn't write out a report on the accident. He didn't have any warrants we could get him on.
The Claim
As soon as we arrived home we claimed. We lied, and told the Agent that the collision occurred when he was merging from the left lane, and that he admitted fault at the accident. We lied and said that he said his blindness in his left eye caused the accident.
We took advantage of the fact that no police-report was written for the accident. This meant we could introduce witnesses.
We had two friends who said they would vouch as witnesses, though they weren't there. So we used them and printed them out a story to tell to the insurance-agent when they call.
The Employer
We wanted to cement this thing.
We learned the young man drives for a living, and contacted his employer. The Employer would not help us because the accident did not occur in the company truck, but did tell us this Driver's CDL was contingent on not having an accident because he had a Texas State Vision Waiver as an exception on his DOT Physical, so he would lose his job if he was found atfault because he wouldn't have a license.
They gave us the number to call to report. We called and reported him to the Department of Public Safety. We learned the youngman's CDL license was cancelled and his waiver revoked. He no longer works for the company.
The Aftermath
The other Driver was found atfault for the accident, and his insurance company has paid for 100% of the repairs. The other Driver contacted my Daughter on Facebook (Harassment) and told her that he had a Class A CDL and that due to the 'fraud' in the incident he has lost his license, and job and that he plans to get footage and will sue for his schooling, lost wages, and damages to his vehicle. I instructed her to immediately block him and she did.
What happens now
We're worried.. if he obtains the footage from one of the streetcameras we could be in trouble, we are concerned about what could happen. Background check shows that he has Obstruction of an Officer, Failure to Pay, and Vagrancy charges in other states. He's usually Homeless and travels. We're hoping we can argue that the man is no stranger to the law, and is making trouble.
We have some questions.
1. If he obtains footage of the accident, could the insurance case be reopened? Could we be found atfault for the accident?
2. Can he press charges for fraud or lying? That I know of, it isn't illegal to lie in accidents.
3. If this makes it to a court-room, can we use his criminal history against him? He has Obstruction of an Officer and Failure to pay, which I'm sure the courts will just love. It's evidence that he has a history of lying.
4. Is he correct? Can he sue us for his CDL schooling and lost wages?
5. The youngman has verbally abused my Daughter by calling her a 'lying cheating c*nt'. We have documented it. Can we have charges pressed?
6. How should we proceed in this? Can we do anything to make it so he can't access street camera footage? Is there a law that says because my daughter is in it that he can't use it because of privacy?
7. My Husband is worried she could be charged with wreckless driving. Is this possible?
7. Most importantly. Could my Daughter's scholarship be in jeopardy?
Thank you for reading. My Husband and I appreciate all advice. I'll add my Daughter graduated full honors and is educated. She has never been in trouble with the law. This other driver isn't educated and has been in Jail. I'm not sure if that can be used for anything, but I'll leave it there at your convenience.
Next post....
Anonymous1974
Anonymous1974 is offline Junior Member
Join Date:Jun 2017Posts:2
Default Re: Urgent. Daughter Hit a Vehicle, and We Lied. Scholarships and Jailtime
Okay. I lawyered up. I was preparing to take him to claims court because his insurance company only covered repairs, and did not reimburse my daughters time off work due to the accident. He has notified us that he reimburse all time my Daughter had to take off work for the accident, emotional trauma, and he will reimburse my lawyer fees. In exchange we agreed we would not sue him. He will make monthly payments until we are paid off. If he lapse's, we intend to place a lean on his assets.
This can be closed. Thanks for the help for those who bothered to help me.
quoting the OP since I suspect at some point it will disappear.
Am I the only one wishing I knew where to report her??