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  1. #1
    Join Date
    Jul 2009
    Posts
    10

    Default Misrepresenting Date of Uninsured Accident to Get Coverage

    My question involves a traffic ticket from the state of: California

    Hi,
    I have used this forum early this year and found it very useful. I need help in the following violation. A friend of mine seems to be in a 'Situation'. Here are the details.

    He was driving in California in a car that was registered in Florida and car was not insured.

    He rear ended a SUV and no damage occured during the incident. The person that was hit took his details and left the scene. My friend mentioned to him that he didn't have his car insured and hence will take care of any Monetary issue. The other person agreed ( Atleast seemed to have agreed) and left.

    Cops were not in the scene and no accident report was filed.

    The car and my friend was added to my insurance a day later.

    The guy who was rear ended reported to his insurance stating the accident happend "a day later".

    For now my friend did not give any details to the other insurance compnay and needs some advice. Please suggest.

    Thanks!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Misrepresenting Date of Uninsured Accident to Get Coverage

    Nobody here is going to tell your friend that it's either safe or okay to commit insurance fraud.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: No Insurance Incident (Accident)

    so, you, your friend and this other person are all conspiring to commit insurance fraud. Great.

    Unless the damage exceeded $750 or there was an injury, the accident did not have to be reported. It would have been better to just pay it out of pocket than risk a criminal charge of fraud.

    If the damage exceeds $750, it must be reported to the state within 10 days. While it isn't impossible for such a series of events happen, it is unusual and the insurance company isn't in business because they get defrauded all the time.



    but if there was no damage, why did the guy even report it to his insurance company?
    Oh, and on the SR1 where you report an accident to the DMV, your statements are under oath and lying is perjury.

    So, what was your question?

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Misrepresenting Date of Uninsured Accident to Get Coverage

    I assure you.

    The wonderful coincidence of obtaining insurance the day before an accident and claim will be investigated.

    Most vigorously.

    Insurance fraud carries some pretty substantial penalties... and you, "friend" are an accessory after the fact.

    How do you feel about prison?

  5. #5
    Join Date
    Mar 2009
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    LA LA Land
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    9,170

    Default Re: Misrepresenting Date of Uninsured Accident to Get Coverage

    Quote Quoting ephp16
    View Post
    no damage occured during the incident
    Why is anybody filing a claim to begin with???

    If you're asking if your friend should follow the other driver's lead by confirming the erroneous accident date, I wouldn't. I would rather pay for any repairs out of pocket than risk the chance of getting charged for defrauding an insurance company!

    Your friend AND the other driver could easily go down as co-conspirators Of course, you may not be off the hook either

  6. #6
    Join Date
    Jul 2009
    Posts
    10

    Default Re: Misrepresenting Date of Uninsured Accident to Get Coverage

    I think I wasn't clear enough. The vehicle was not insured when the incident was reported to the other insurance company. i.e The guy reported in the morning and we got the insurance in the evening both were independant. it was a co-incidence. The other person did not consult us before reporting it to the insurance.
    There is no way that we could use the insurance. In that case how to deal with it.

    we dont want to get involved in any insurance fraud. What if the other person does.

    We are willign to pay for the damages if any out of pocket. And there wasn't any damage. Hence the other driver's intentions are unclear. And he is refusing to communicate.

    Quote Quoting cyjeff
    View Post
    I assure you.

    The wonderful coincidence of obtaining insurance the day before an accident and claim will be investigated.

    Most vigorously.

    Insurance fraud carries some pretty substantial penalties... and you, "friend" are an accessory after the fact.

    How do you feel about prison?
    I think I wasn't clear enough. The vehicle was not insured when the incident was reported to the other insurance company. i.e The guy reported in the morning and we got the insurance in the evening both were independant. it was a co-incidence. The other person did not consult us before reporting it to the insurance.
    There is no way that we could use the insurance. In that case how to deal with it.

    we dont want to get involved in any insurance fraud. What if the other person does.

    We are willign to pay for the damages if any out of pocket. And there wasn't any damage. Hence the other driver's intentions are unclear. And he is refusing to communicate.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Misrepresenting Date of Uninsured Accident to Get Coverage

    simply put:

    do not lie about the situation. If the other guys insurance calls, tell them when it did happen. Do not go along with what the other guy if it is incorrect.



    and what about that SR1? was there enough damage to warrant reporting it to the DMV? Your friend will lose his license (I think it's for a year) due to no insurance at the time of the accident.

  8. #8
    Join Date
    Mar 2009
    Location
    LA LA Land
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    9,170

    Default Re: Misrepresenting Date of Uninsured Accident to Get Coverage

    Quote Quoting ephp16
    View Post
    The vehicle was not insured when the incident was reported to the other insurance company. i.e The guy reported in the morning and we got the insurance in the evening both were independant. it was a co-incidence.
    Then, legally, YOU are not involved here. This is between your friend, the other driver AND the other driver's insurer.

    Quote Quoting ephp16
    View Post
    There is no way that we could use the insurance. In that case how to deal with it.
    Easy... When your friend is contacted by the other driver's insurer asking for his statement, he should report the correct date of the accident, and offer to pay for repairs out of his pocket.
    Quote Quoting ephp16
    View Post
    we dont want to get involved in any insurance fraud. What if the other person does.
    That's the other person's business... Your friend can report the correct information to the insurer... The rest is up to them!

    Quote Quoting ephp16
    View Post
    And there wasn't any damage.
    Your friend can request to see an estimate... Assuming that this was a bumper to bumper collision, and just because the 'bumper cover" does not show any damage, it does not necessarily mean that there isn't any hidden damage.

  9. #9
    Join Date
    Jul 2009
    Posts
    10

    Default Re: Misrepresenting Date of Uninsured Accident to Get Coverage

    But then if the other insurance company accesses the damage to be more than 750$ it will be reported to the DMV and it will become an license issue.

    Coz I know a case in which a pencil scribe scratch took 800 $ from the insurance.

    At first pass it will be good to negotiate with the other person to pay him even more if he wants .. is that right?

  10. #10
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Misrepresenting Date of Uninsured Accident to Get Coverage

    Quote Quoting ephp16
    View Post
    But then if the other insurance company accesses the damage to be more than 750$ it will be reported to the DMV and it will become an license issue.
    I don't know if the insurance company will report to the DMV... Regardless, the requirement is that in cases where damages exceed the $750 limit, the accident MUST be reported to the DMV regardless of whether the insurance was involved or whether an accident report was issued by law enforcement.

    And if it later becomes a license issue due to him not being insured, then those are the lumps your friend has to take for driving without insurance!!!

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