What to Do If Someone Files a Tampa Car Accident Claim Against You
July 7, 2023 | Winters & Yonker Personal Injury Lawyers | Car Accident
If someone files a Tampa car accident claim against you, you should contact an experienced personal injury attorney. Do not provide a recorded statement to an insurance company without first speaking to a qualified attorney. It is important to not admit fault at the scene or when speaking with an insurance company. It is possible that you were not the only party at fault.
How to Dispute a False Insurance Claim
The other driver’s car insurance company may try to blame you for the accident. You should document the details of the accident, especially if the other driver has a different story than you recall. Whether the other party is intentionally engaging in fraud or simply misremembering the facts, it is essential to understand your legal rights and obligations.
What to Do if there is Car Insurance Fraud
Remember to be careful when dealing with car insurance companies. If the other driver is exaggerating their injuries or even staging a car accident, it is especially important to take notes on what you observe. You should contact a personal injury attorney immediately if there is car insurance fraud.
Steps to Take to Protect Against False Accident Claims
While most accident claims are legitimate, it is important to be diligent about false accident claims that also occur. Some drivers may be seeking to scam you by luring you into an accident while you are briefly distracted. Other drivers may legitimately get into an accident, but exaggerate the severity of their injuries when seeking a larger settlement.
The following are steps to take to protect yourself from false accident claims:
- Call 911 and ask the police to respond to the accident even if the other driver does not want a police presence
- Seek medical attention immediately
- Obtain a copy of the official accident report
- Do not accept fault for the accident even if a police officer believes that you are at fault
- Take pictures and videos of the accident scene, property damage and injuries
- Take notes on what occurred at the accident scene and any witness statements and contact information
- Notify your insurance company of the accident and be prepared to provide details on what occurred
- Cooperate with your insurance company’s investigation into the accident
It is also important to know when a car accident claim can legally be brought against you. In Florida, the statute of limitations for a personal injury case is two years. If a party fails to bring the case before the statute of limitations expires, they will be barred from recovery.
Consulting with a personal injury attorney can help you navigate the process of protecting yourself against false accident claims.
What Do Insurance Companies Do if there is an Accident Claim?
Your insurance company will conduct a thorough investigation into the accident claim before attempting to negotiate a settlement of a personal injury claim. Regardless of whether or not you agree with the claim against you, your insurance company might make the business decision to assign you fault. If the insurance company assigns fault to you, it will then pay the other party.
If your insurance company does not agree with the personal injury claim, it will defend you against a lawsuit and likely pay for an attorney to do so. If you are not insured at the time of the accident then you will be held legally and financially responsible.
It is essential to contact a qualified personal injury attorney before providing any insurance company with a recorded statement about the accident.
Contact a Tampa Car Accident Lawyer from Winters & Yonker Personal Injury Lawyers for Help Today
For more information, please contact Winters & Yonker Personal Injury Lawyers to schedule a free consultation with a car accident lawyer in St. Petersburg today. We have five convenient locations in Florida, including Tampa, Clearwater, St. Petersburg, New Port Richey, and Lakeland.
Winters & Yonker Personal Injury Lawyers – Tampa Office
601 W Swann Ave, Tampa, FL 33606
Winters & Yonker Personal Injury Lawyers – Clearwater Office
600 Bypass Dr Suite 224-D, Clearwater, FL 33764
Winters & Yonker Personal Injury Lawyers – St. Petersburg Office
111 2nd Ave NE Suite 350, St. Petersburg, FL 33701
Winters & Yonker Personal Injury Lawyers – New Port Richey Office
5006 Trouble Creek Rd Unit #200, Port Richey, FL 34652
Winters & Yonker Personal Injury Lawyers – Lakeland Office
1543 Lakeland Hills Blvd Suite 18, Lakeland, FL 33805