Auto Insurance Claims : Insurance fraud?

My wife had an accident earlier this year. She was exiting through the exit in which the gate is broken, so it is always open. As she was coming out there was a truck blocking her view as the truck was almost in front of her. Behind that truck was a big Houston Metro bus, blocking even more the view. Well my wife felt compelled to go because she felt "in the way"..She drove Very carefully before proceeding to make the left turn when all of a sudden, a car hit her on the side (t-boned her).

The other car suffer minimal damage to the front, and would still turn on and drive. My wife's car had the whole driver side beaten up and the right front tire was pushed inside and we could not push the car. The other girl was most likely speeding due to the tremendous impact and damage that my wife's car sustained.

Okay, so both parties had no insurance. So we came to an agreement that my father in law would pay for the damages (because he thought his daughter was at fault) but these body shop repairs were to be at a place of our choosing.

The lady's mother came to the scene and made the agreement by making my in-law sign a piece of paper (not notarized). Okay so the following week she is bitching that her daughter needs the car to go to work and school. Hello, so does my wife! And I had to take my wife to the hospital because the following day she was feeling bad. Anyway. The other lady took the car out of the shop and choose to do her own thing.

And then she was saying her car was un-repairable, or that it would cost $900 to fix?! When her car sustain only minimal front damage. Can you believe that?! My wife's car cost $700 to fix, but only the mechanical...the body shop damage will run in the 1,000+

The lady's daughter had 2 kids in the backseat when the accident happened. They were playing fine, jumping and climbing (we were with them for a few hours)...and the following days we get a call from this lady saying her grandson's arm might be broken?! Don;t you think a lil 5-7 year old boy would be screaming in pain if his arm was broken?

Now she filed an insurance claim and the insurance company is wanting to talk to us about the claim. The thing is, the lady got car insurance AFTER the car wreck. And besides not wanting to get the cops involved at first, I also do not want to go along with this fraud because I have no idea what she is trying to do. She has called and told my in law that her lawyer wants to talk to us. I don't know if this is true or just trying to threaten us....

What could be some of the possible consequences? Is she bluffing? Could the cops get involved, could she take us to court even though it was her daughter who hit my wife?

btw: this happened in Tx. and I did get photographs of the accident recording the damages to both cars.

Update:

skydan - no her dad would not pay for her insurance. It is only in the case of an emergency that he was willing to help. We were getting ripped off by the insurance company and it just seemed easy to stop paying for it.

The way I see it, you get insurance to cover you in case of an accident. You don't get in a car wreck with no insurance, then go get insurance and expect them to cover the costs. At the time of the accident the cars were not insured, so why would the insurance agency put up with the costs?

5 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    Get a lawyer... you made 2 mistakes. first, not having insurance, second, not calling the police. "Oh what a tangled web........"

    Source(s): Alway have insurance and always call the police and your insurance .... ALWAYS
  • 3 years ago

    1

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  • Gambit
    Lv 7
    1 decade ago

    Your wife is at-fault for the accident, so there's no point in trying to avoid this part (she made a left in front of the other vehicle who had the right of way). Second if you feel that the other party if committing insurance fraud with her insurer then when the adjuster from her insurance company calls point out this fact to them. They will either point out that coverage was in force at the time or they will thank you and go off and investigate. Third if she is claiming her vehicle is a total loss ask her for a copy of the estimate to get the vehicle repaired and then look up the value of the vehicle. If the estimate is less than the value tell her you will pay to have the vehicle repaired. If they keep insisting they want the value of the car then tell them to go take a hike because any judge out there will tell them you owe them the repair cost in this case. Fourth if she is claiming injuries then it's time to get a lawyer as this situation is getting out of hand.

    BTW you are aware there are dozens of insurance companies out there? If you feel you are getting ripped off by one then why did you not switch to another? Of course it's easy to just stop paying for it, but how easy is life now considering the crap you're going through now?

  • 4 years ago

    Thats a difficult one, also I think the insurance company when filling out the forms detailing what happened, will be wondering why your making a U-turn on a one-way street, so by doing that you will have been to them driving down the wrong way at some point. I wonder when you say that you hit a barrier blocking the road its a dead end street not One-way? But all that it shouldn't matter, if you had taken out insurance to start what ever time of that day, and you have paid a premium either by debit card on phone or been in in person, as long as the accident had happened after the time your insurance started, technically a claim is feasable, tho waiting a few days than making a claim, and lieing on the form about the date thats fraud. With insurance it is ALWAYS best to be truthful, insurance companys do there best not to pay out anyway, so slightest bit of wrong info and there pick up on that. Also you don't mention any damage to your car or barrier, just that it won't start, insurance doesn't generally cover mechanical problems, that comes under warrenty when you bought the car, tho if it down to crash damage your out of luck there. I think you should just go to the insurance, with the details of what happened and the time it happened, and as said earlier if it happened after the insurance start time technically a claim is feasable. Good luck

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  • sydkan
    Lv 5
    1 decade ago

    If you think it's fraud then by all means talk to her insurance company and her lawyer.

    This is definitelya case where a call to 911 woud have helped as at least they would have record of the date it happened.

    As your wife was pulling out she is definitely at fault.

    But I do have to ask, why are you letting your wife drive around with no insurance. if your father in law was willing to pay for the damages, surely he would have been willing to pay for the insurance too.

    Source(s): good luck
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