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North Hollywood, CA asked in Car Accidents, Consumer Law, Insurance Bad Faith and Personal Injury for California

Q: Concern over settling bodily injury claim after minimal impact in rear-end collision; suspecting fraud and questioning insurance investigation process.

I was involved in a rear-end collision in very heavy traffic while entering the freeway, with minimal impact (0-5 mph). My insurance has deemed me at fault, but the other party is claiming bodily injury. My insurance coverage may not be sufficient for their claim, and they want me to sign a document regarding this. I suspect fraud and have sent CCTV footage to the insurance company on June 20. Why aren't they investigating further and instead want to settle immediately?

5 Lawyer Answers

A: Because it doesn't care about your pride or sense or right and wrong. The insurer makes a decision based on what costs the least amount of money. Also, your estimation of whether anyone could be injured in such a small impact has no value. You don't know whether anyone had a preexisting condition that made them unusually susceptible to injury. You don't know what injuries they are claiming. You don't know what their records say. Just let your insurer do its job. It has an obligation to resolve the claims against you within the limits of the policy you purchased. You should urge, in writing, that it do that.

Tim Akpinar agrees with this answer

Emery Brett Ledger
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A: It’s understandable to feel concerned—especially when a low-speed rear-end collision suddenly involves a bodily injury claim that seems out of proportion. Even minimal impact crashes can sometimes lead to injury claims, but your suspicion of fraud isn’t unwarranted, especially if you’ve provided CCTV footage suggesting otherwise.

Insurance companies often push for quick settlements to limit their financial exposure, even if fault or injury severity is disputed. Their primary duty is to protect their own interests under your policy, not necessarily to investigate every claim thoroughly unless there's clear liability relief. The fact they’re asking you to sign a document—likely a liability acknowledgment or excess exposure notice—suggests the claim might exceed your coverage limits, and they want to shield themselves from bad faith exposure.

You did the right thing by submitting the CCTV footage. However, if they’re not responding or continue to move toward settlement without a full investigation, it’s time to consult a personal injury defense attorney. This is especially critical if you’re being asked to sign anything that could waive your rights or admit liability. You shouldn’t feel pressured to agree to anything without a clear understanding of the potential personal consequences.

In short: protect yourself. Don’t sign documents, request a clear explanation of the insurer’s investigation status, and speak with an attorney about your exposure and next steps.

Tim Akpinar agrees with this answer

A: Your insurance company has their own way of investigating and evaluating cases. Hire an attorney who will do limited work to review the insurance company's actions and make sure that you are not required to pay anything in settlement or judgment.

Tim Akpinar agrees with this answer

A: Your insurance carrier is probably making a business decision, based on its experience with many claims like this one. Preserve all evidence of property damage (photos, reports, etc.) - that could become a major issue in your credibility vs. the other side's. Good luck

James L. Arrasmith
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Answered

A: Insurance companies often act quickly to limit exposure, especially when policy limits are low and there's a risk of an excess judgment. When a bodily injury claim is filed, even after a low-speed impact, your carrier may decide that settling is the path of least resistance. That decision is typically driven by financial calculus, not necessarily the merits of the claim.

Your suspicion of fraud is valid, particularly given the minimal force involved and the presence of CCTV footage. However, insurers sometimes prioritize cost containment over thorough investigation, even when provided with potential exculpatory evidence. If your footage contradicts the injury claims, your insurer should be reviewing it carefully—but bureaucratic delays and internal risk assessments can override that duty.

Before signing anything, request in writing an explanation of the settlement strategy and a copy of the claim file. Do not agree to any limitations on your rights without understanding their implications. You may have personal exposure if the damages exceed your policy limits. In that case, you should consider consulting a private attorney to protect your interests independently of your insurance company.

Tim Akpinar agrees with this answer

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