Q: Can I take legal action if I suspect someone is faking an injury claim after a car accident?
I am 17 years old and recently got into a car accident where I rear-ended a woman because she came to a complete stop before turning right. The police arrived at the scene and filed a report. Her car had no damage, but she started acting like her neck was hurting and was taken away by an ambulance. I suspect she is faking her injury to make a claim. I have photos of the back of her car and some minimal damage to my car. I am under my father's insurance policy and haven't contacted the insurance company yet. Can I take legal action against her if I can prove she's lying?
A: A North Carolina attorney could advise best, but you posted last week. Do you mean doing things like investigating on your own or confronting her with your suspicions? NO, you DO NOT want to do that. Leave things up to your insurance company. If she claims she suffered injuries, the best thing you could do would be to cooperate with your insurance carrier in providing them with information (or providing them with evidence, such as your photographs showing minimal damage). DO NOT take the matter into your own hands - your insurance carrier has expertise in investigating and verifying claims. Good luck
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A:
It’s completely normal to feel uneasy if you believe someone might be exaggerating or faking an injury after an accident—especially when you know the impact was minor. In North Carolina, you can’t usually take legal action just because you *suspect* someone is lying about an injury. However, if that person files a false insurance claim and there’s solid evidence to prove it, the insurance company may investigate and could even refer the case for insurance fraud.
Your most important step right now is to inform your father’s insurance company as soon as possible and provide them with all the information you have, including photos, the police report, and anything you observed at the scene. They have the resources and legal backing to investigate questionable claims, especially if they think something doesn’t add up. Trying to take legal action on your own—especially at 17—would be difficult, and it could make things more complicated.
You’re doing the right thing by asking questions and gathering evidence early. It’s frustrating when it feels like someone might be trying to take advantage of a situation, but your insurance company is your first line of defense. Stay honest, stay calm, and let the facts speak for themselves.
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