Hello. My 18 yo daughter was driving a car and stopped on the red light. The driver behind thought that she would pass on yellow and got angry with her, yelled at her, spit on the car and then hit her car from behind on purspose. People who saw this called the police. The driver of the other car fled. My daughter was left at the scene with theree witnesses to wait for police. Police came, filled out the police report, talked to the witnesses one by one and left. Our car damage was not bad, so we fixed it ourselves and just put whole thing behind. Now we have a call from our insurance company that there is a claim. I called and found out that apparently one of the witnesses that was at the scene claims he was a PASSENGER in our car and he was injured. We never picked the police report. Now I am going with my daughter to the precint to pick the police report, but not sure what to expect. Police Officers talked to the witnesses alone and maybe this guy did claimed that he was a passenger. What should be our action? Any advise is greatly appreciated.

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Originally Posted by violval11

... Now we have a call from our insurance company that there is a claim. I called and found out that apparently one of the witnesses that was at the scene claims he was a PASSENGER in our car and he was injured. ..

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Don't worry about it. Tell your insurance company your version of the events and let them sort it out.

Could it be that your daughter isn't telling you the whole story for some reason?

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Originally Posted by AK lawyer

Don't worry about it. Tell your insurance company your version of the events and let them sort it out.

Could it be that your daughter isn't telling you the whole story for some reason?

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I trust her completely. I knew about whole thing when it happened. She called me right away and told me that three witmesses are waiting with her.

Hello v:

You heard about the cab that crashed into a bar... Three drunks ran out, jumped in, and grabbed their necks...

That's a joke, by the way. I didn't know it would happen in real life.

excon

The whole thing is a big JOKE!! Just went to police and ask them to send the report to fraud department. They did not want to do it because if police officer wrote in the report that this guy was in the car then he was in the car!! 18 y.o. person is always a liar by their definition. Big disappointment!!! After a lot of arguing they agreed to send the case to fraud.

I investigate accidents all the time where there are discrepanices about the passengers. I recently investigated an accident in which the CLIENT is not listed on the Police Report. I've seen it in reverse - person wasn't there but is listed.

The Police in NY verify that the passenger was in the car with the driver (unless someone is taken by ambulance).

I'm curious to see how this plays out.

I also don't know why the Police would be involved with this fraud - maybe the insurance company has some responsibility or interest but the Police simply report what is told to them.

JudyKayTee, thanks for your input. I am not claiming that police is corrupt or anything. They just did not take seriously 18 yo girl who was scared and crying. I contacted an attorney and she told me to fight, we have every right to. I am going to call 1 Police Plaza tomorrow and report that we want police report changed. Also I will talk once again with claim department in my insurance company.

You are going way wrong,
1. police do not "change" their report. They take statements from everyone invovled, they can not change a statement that another person made, They may ( but will not) question them about their statement.

Your daughter can ask for an additoinal statement be put into the record and make a written statement to be added to the report.

Remember the police report is only to see if they will ticket someone, not to determine civil liablity. Even if the police say this person was wrong, the other car at fault and more, it will still go to a civil trial if someone sues.

What you do, turn it over to the insurance company who will if the claim is large enough investigate it. They police have did all the investigation they are going to do, ( this is not CSI ** love that show but not near real life)

No if the police officer writes it, he writes it according to... he states that he was a passenger. And again, it will be his word against another, he will be assumed to be a passenger if he claims to be.

The police will merely add that your daughter claims he was not a passenger. They are just reporting what they are told for a record, that is it, If they have spent over 45 min on the report at this point, it was too long and they just file it and move on.

But if that witness was a passenger in your car, they don't sue you anyway, they sue the other driver who was in the other car.

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Originally Posted by Fr_Chuck

... But if that witness was a passenger in your car, they don't sue you anyway, they sue the other driver who was in the other car.

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Except that they could be going for the medical coverage of the OP's policy.

There is something wrong here. Does the police report confirm, through the witnesses, that your daughter was stopped and rammed? Because if it does, then it does NOT matter whether the witness was in the car or not. Your daughter has no liability, she was a victim. You tell this to your insurance company filing a copy of the police report and they will handle it.

I witnessed an accident several years ago. Two cars were parked on opposite sides of a parking lot lane. They both started backing out at the same time. I started beeping my horn to warn them. The car on the left stopped, the car on the right didn't and backed into the other car. I gave my # to the car on the left and both insurance companies called me. I related my story and the car on the right had 100% liability.

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Originally Posted by AK lawyer

Except that they could be going for the medical coverage of the OP's policy.

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Exactly what this witness (aka passenger) is doing, he started the treatment for his injuries. The other car left the scene. The "witness" wrote plate number of that car. Plate number is incorrect, so there is no other car. As far as I understand in situation like this even thou my daughter is not at fault our insurance supposed to pay.

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Originally Posted by violval11

As far as I understand in situation like this even thou my daughter is not at fault our insurance supposed to pay.

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Hello again, v:

Nahhh. They're not supposed to pay fraudulent claims.. But, it's THEIR nickel. Let 'em pay if they're too lazy to investigate. Certainly inform them that if they do, they oughtn't raise your daughters rates because you TOLD them he was a fraud.

excon

I have investigated thousands of accidents - something doesn't sound right here. "Passenger" is listed on the Police Report AND has injuries?

Where did "Passenger" get injured if not in this particular accident?

I see the insurance company investigating, taking statements.

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Originally Posted by JudyKayTee

... Where did "Passenger" get injured if not in this particular accident?
...

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Does "faked injury" ring a bell?

Yes, I deal with "faked injuries" all the time.

I am asking the question that the insurance company will ask - if he showed up at a medical treatment facility, claiming to be injured in an auto accident while a passenger and his injuries are consistent with that type of accident - where did he get those injuries?

Otherwise your sarcasm is unwarranted.

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Originally Posted by ScottGem

There is something wrong here. Does the police report confirm, through the witnesses, that your daughter was stopped and rammed? Because if it does, then it does NOT matter whether the witness was in the car or not. Your daughter has no liability, she was a victim. You tell this to your insurance company filing a copy of the police report and they will handle it.

I witnessed an accident several years ago. Two cars were parked on opposite sides of a parking lot lane. They both started backing out at the same time. I started beeping my horn to warn them. The car on the left stopped, the car on the right didn't and backed into the other car. I gave my # to the car on the left and both insurance companies called me. I related my story and the car on the right had 100% liability.

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Not exactly. In NY (where I assume the OP is because she said 1 police plaza) the car in which you are riding is responsible for your medical payments regardless of fault. So when the fraudulent passenger makes a no-fault claim, it wwould be against the OP's insurance.

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Originally Posted by sideoutshu

Not exactly. In NY (where I assume the OP is because she said 1 police plaza) the car in which you are riding is responsible for your medical payments regardless of fault. So when the fraudulent passenger makes a no-fault claim, it wwould be against the OP's insurance.

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Yes we are in NY, Accident happened in Brooklyn.

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Originally Posted by JudyKayTee

Yes, I deal with "faked injuries" all the time.

I am asking the question that the insurance company will ask - if he showed up at a medical treatment facility, claiming to be injured in an auto accident while a passenger and his injuries are consistent with that type of accident - where did he get those injuries?

Otherwise your sarcasm is unwarranted.

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Well what I have seen a lot of here in the City is the fraud running not just from the passenger, but to the medical facilities as well. These people will have police scanners and show up at accident scenes. It happens particularly with City Bus accidents. Bus gets in an accident and all of a sudden 50 people were "on the bus" when the police show up. Then they go to a certain set of doctors and a certain diagnostic radiologist and they have their "injuries' either created or greatly exaggerated.

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Originally Posted by sideoutshu

Well what I have seen alot of here in the City is the fraud running not just from the passenger, but to the medical facilities as well.

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Hello side:

Sounds like the insurance companies ought to beef up their fraud departments instead of laying down and passing the costs on. Who knows? It might actually reduce fraud.

No, I'm not a fan of insurance companies.

excon

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Originally Posted by violval11

Yes we are in NY, Accident happened in Brooklyn.

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Well, just to put your mind at ease, all you really need to do is call and tell your insurance company that the guy wasn't in your car and your involvement should be done.