Question

A car sideswiped me and then filed a claim against my insurance. Is this legal?

While driving from San Diego to Anaheim, a car got aggressive with me. They deliberately sideswiped me and yelled angrily. I couldn't see any damage to my own vehicle and just wanted to get away, so I did nothing more. 

However, it seems that they took pictures as well and got my license plate number. About a month later I found that an accident claim was filed against me as being the one at fault. How do I respond to this? Is this even legal?

Dec 18, 2020 Anaheim, CA

Answer
Ross Martin

Dec 18, 2020

Sorry to hear about the situation. In general, your insurance company does not want to pay out on claims, especially if there is any hint of fraud. My best advice is to work with your claims adjuster and give accurate information. If there are holes in the other party's claim they will find them and end up not honoring it. The burden of proof falls on those filing the claim, so unless they are providing evidence that you damaged them it's not likely that they will have a case. 


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