Birmingham, AL asked in Criminal Law, Insurance Bad Faith and Insurance Defense for Alabama

Q: Auto Insurance Fraud?

I rear ended a gentleman on 07/31 and pictures were taken with no police report. The gentleman stated he would be in touch with me and I never heard from him until 08/10. On 08/10, he sent me the pictures and I proceeded to file the claim; however, I looked at a calendar and put the date of the prior Friday instead of 2 weeks prior. I put 08/07, without any intent.

Then when speaking with the insurance company investigator, he stated the pictures were actually dated for 07/31- prior to the new policy starting 08/02. Once I spoke to him, I emailed the insurance agent and stated to cancel the claim as I had the date of loss incorrect, in which I would get with the prior insurance company.

I just want to speak to someone hopefully and get clarification on the legal issues I may encounter with this.

I'm hoping one of you could give me a call or vice versa.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Insurance Claims Lawyer
  • Little Neck, NY

A: An Alabama attorney could answer best, but your question remains open for a week. Based on your description, it does not sound like you committed fraud. It looks more like you made a mistake in mixing up the date of the accident. Fraud essentially requires an intentional act aimed at deceiving the other side with false information, where the information is material to the case at hand and you know it's false. Your situation seems more like innocent mistake, and you caught it. You ask for a call. An attorney cannot really call you; this is not a legal referral service. But you can reach out to Alabama attorneys to discuss it further if you wanted to. Good luck

Tim Akpinar

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.