If you were injured in a car accident where someone tried an insurance scam, you have the right to sue, just like any other accident. The problem is, the point of an insurance scam is to make it look like you caused the accident. So how can you make your case?
Who Is Responsible for a Car Accident?
The driver who caused the accident is obviously responsible for any injuries in the accident. This applies to both regular accidents and accidents where someone tried to cause an insurance scam.
If you're able to prove that there was an insurance scam, it makes it easier to prove your case. That's because you're showing that the other driver intentionally caused the accident. If you can't prove they were trying a scam, it makes your case harder because the jury might believe their story over yours.
How Do You Prove Who Caused a Car Accident?
In order to win your claim, you need to be able to show that the other driver did something wrong. For example, if you were driving down the road when another driver ran into you from behind, you need to show that they weren't maintaining a safe following distance or weren't paying attention to the road.
If they ran into you because you pulled out in front of them and stopped before they could react, they didn't do anything wrong and the accident is your fault for cutting them off. This is actually how a lot of insurance scams work. The scammers know the car that hits another is usually found responsible, so they cut someone off to get hit by them.
How Do You You Prove an Insurance Scam?
In order to prove an insurance scam, you can start by trying to prove what actually happened in the accident. You may also want to find other evidence that the person is a scammer.
For example, they might have a history of unusual auto accident claims. In some cases, they may even have been found to have tried an insurance scam in the past by an insurance company or law enforcement agency. You may also be able to find other witnesses who can give evidence, like if anyone saw the other driver trying to cause other crashes before they caused yours.
To learn more about how to sue after an insurance scam, contact a local car accident attorney's office, such as the Law Office Of Timothy M. O'Donovan.