How to Stop a Fake Accident Claim - Diamond and Diamond Lawyers

How to Stop a Fake Accident Claim


Fake or fraudulent accident claims increase the cost of insurance for everyone. It is estimated that fraudulent auto accident claims cost Canadians billions of dollars each year. Beside the financial impact of insurance fraud, it is also a criminal act. One way to avoid becoming a victim of a fake accident claim is to recognize how they occur.

Fake accidents

There are several scenarios under which fake accident claims are made, including:

  • Actual accidents with additional “victims” added
  • Staged accidents in which another vehicle purposely collides with your vehicle
  • Pedestrians purposely stepping into or in front of your vehicle
  • Reports filed of an accident that never happened

 When an accident is staged, whether by the driver of another vehicle or by a pedestrian, the individual doing so will pretend to be injured. In cases in which a claim is made only for property damage to a vehicle, the damage might have existed before the accident. Individuals staging accidents make it appear as though they were not at fault. For instance, someone backing into the front of your vehicle would claim you failed to stop and drove into the back of his or her vehicle causing damage or injuries.

Even when an accident does not happen, someone could file a claim for injuries or property damage. Individuals engaging in this type of conduct report an accident by claiming you hit them and did not stop. All they need to do this is your license plate number and a description of your vehicle.

The police in Toronto reported investigating and filing criminal charges against people in 77 staged accidents in one year. Those charged included health care providers accused of submitting false reports of medical treatment provided to the “victims.”

Protecting yourself from fake accident claims

One of the best ways to avoid being the victim of a fake accident claim is by exercising caution while driving. Tailgating or failing to leave enough space between your vehicle and a vehicle ahead of you leaves you vulnerable to becoming the victim of a staged accident. All the driver ahead of you has to do is abruptly stop to cause you to crash into the rear of his or her vehicle.

If you believe you are being targeted by someone staging an accident, do not leave the scene of it. Call the police and let the officers who respond handle taking a report of the accident.

Claims for accidents that did not happen should immediately be reported to local law enforcement and to your insurance company. If there was an actual accident, but you believe the victim has submitted inflated medical bills or bills for property damage, report it to your insurance company or insurance broker.

What to do when you are in an accident

If you are involved in an accident, you can protect yourself from fraudulent claims by doing the following: 

  • Get the name, telephone number and address of the other driver and the license plate of the vehicle he or she was driving.
  • Obtain the names and contact information of any passengers in the other vehicle.
  • Make a note about the damage to the vehicles involved in the accident and the physical condition of the other drivers and occupants.
  • Take pictures of all of the vehicles involved in the accident.
  • If police respond to the scene, get a copy of the accident report.
  • Obtain the names and contact information for all witnesses.

A personal injury lawyer can help when real accidents happen

If you have been injured in an accident, contact the personal injury lawyers at Diamond and Diamond. Find out what we can do to get you the compensation you need and deserve by contacting our 24/7 injury hotline at 1-800-567-HURT or by visiting our website to speak to someone now about your claim. Consultations are free, and we have offices located throughout Ontario.

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