What to Do If the At-Fault Driver Lied to Insurance

You did everything right after your car accident. You called the police, exchanged information, took photos, and filed your claim. Then the other driver’s insurance company denied your claim or offered a lowball settlement because the at-fault driver told an entirely different version of what happened.

Unfortunately, this scenario is more common than most people realize. When drivers face the consequences of causing an accident, some choose to lie to avoid higher premiums, policy cancellations, or personal liability. The good news is that you’re not powerless when this happens. Florida law and the claims process provide multiple avenues to prove the truth and recover the compensation you deserve.

Why Do At-Fault Drivers Lie About Accidents?

Understanding why drivers lie can help you anticipate their tactics and gather evidence to counter them. The most common motivations include fear of higher insurance rates, concern about losing coverage entirely, worry about being personally sued, and the simple human instinct to avoid blame. Some drivers genuinely remember the accident differently due to stress or shock, while others deliberately misrepresent what happened.

Common lies include claiming the other driver ran a red light or stop sign, stating the accident victim was speeding, alleging they were cut off or that the victim changed lanes unsafely, denying they were on their phone or otherwise distracted, and minimizing speeds or impact severity.

Steps to Take When the Other Driver Lies

Gather and Preserve All Available Evidence

Evidence is your most potent tool against false statements. If you haven’t already, collect everything you can as quickly as possible. The police report carries significant weight with insurance companies because officers are trained to assess accident scenes and often note contributing factors like skid marks, vehicle positions, and traffic control devices. If the at-fault driver received a citation, this strongly supports your version of events.

• Photographic and video evidence from the scene can directly contradict lies about how the accident occurred. Photos showing vehicle damage, final resting positions, road conditions, traffic signals, and any visible injuries tell an objective story. Don’t forget to check whether nearby businesses or homes might have surveillance cameras that captured the collision.
• Witness statements from independent parties who saw the accident are invaluable. Their accounts carry more credibility than either driver’s statements because they have no stake in the outcome. If witnesses provided information at the scene, follow up promptly to obtain written statements while their memories are fresh.

Request Your Own Copy of the Insurance Claim File

In Florida, you have the right to request information from the insurance company handling your claim. This can reveal precisely what the other driver told their insurer and help you identify specific false statements you need to address.

Document Your Injuries Thoroughly

Some drivers lie about the severity of the accident to minimize their injury claims. Comprehensive medical records that detail your injuries, their cause, and required treatment help establish the actual impact of the collision. Seek medical attention promptly and follow all treatment recommendations. Gaps in treatment give insurance companies ammunition to question your injuries.

Obtain Your Medical Records and Bills

Your medical documentation serves as objective evidence of the accident’s severity. When a driver claims the collision was minor, detailed medical records showing significant injuries tell a different story.

How Insurance Companies Investigate Conflicting Statements

Insurance adjusters are accustomed to handling claims with contradictory driver accounts. They typically examine the physical evidence to see which version it supports, review the police report and any citations issued, contact witnesses identified by either party, assess vehicle damage for consistency with each driver’s story, and sometimes hire accident reconstruction experts for serious collisions.

Insurance companies also look for internal inconsistencies in each driver’s statement. If the at-fault driver’s version doesn’t match the damage patterns, vehicle positions, or witness accounts, adjusters take note.

Florida’s Comparative Negligence System

Florida follows a modified comparative negligence system, meaning your compensation is reduced by your percentage of fault if you share any responsibility for the accident. If you’re found more than 50% at fault, you cannot recover damages from the other party.

This is precisely why some drivers lie that they’re trying to shift enough blame onto you to reduce their liability or bar your recovery entirely. Understanding this system underscores the importance of countering false statements with solid evidence.

The Value of Legal Representation

When an at-fault driver lies, and their insurance company denies your claim or undervalues it, having an expert Tampa personal injury attorney levels the playing field. Attorneys can subpoena evidence that’s not available to individuals, such as cell phone records showing the other driver was texting. They can retain accident reconstruction experts to demonstrate how the collision occurred scientifically. They understand how to effectively present evidence to counter false narratives and negotiate from a position of strength.

Insurance companies know that unrepresented claimants are less likely to pursue litigation, which can embolden them to accept their insured’s false version of events. Legal representation signals that you’re serious about recovering fair compensation and have the resources to prove your case.

Protecting Yourself from the Start

While you can’t control whether the other driver lies, you can take steps at the accident scene to protect yourself. Call the police and ensure a report is filed, even for seemingly minor accidents. Take extensive photos and videos before vehicles are moved. Get contact information from any witnesses. Don’t admit fault or apologize, as these statements can be used against you. Seek medical attention promptly, even if you feel fine initially. Avoid giving recorded statements to the other driver’s insurance company without consulting an attorney.

We Fight for the Truth

We’ve helped countless Tampa Bay area accident victims overcome false statements from at-fault drivers. With over 30 years of experience handling personal injury claims throughout Florida, we know how to investigate accidents, gather compelling evidence, and hold dishonest drivers accountable.

If you suspect the other driver has lied, we’re here to help. At Williams Law Association, P.A., our legal team has over 30 years of experience in handling complex car accident disputes and exposing insurance fraud. Contact us today for a free case review.