QuestionQUESTION: Over the weekend my parked 2010 Jeep Commander was hit by a teenage driver in Seagoville TX. Upon calling the emergency dept we, were told that no emergency responders were available and since no one appeared to be hurt they refused to send out a police officer. After exchanging as much information as was given(the teenager refused to show or give her driver's license#, the ACTUAL Owner of the vehicle showed up and proceeded to call the insurance company and file a claim.. 4 days later, I am told that their insurance will not cover the damage. I am wanting information as to how do i REPORT them for insurance FRAUD. Upon talking with their insurance co #Farmers# they have determined that the Father was driving the car#he was not, he wasn't even in the vehicle, it was 4 teenagers in the vehicle# and that it was no fault of theirs that my car was hit. In order to get my vehicle repaired I will have to file a claim on my insurance #Allstate) and pay my 500 deductible.
ANSWER: April,
If I were in your shoes, I would file a lawsuit in small claims court against the owner of the vehicle. A lawsuit is normally the only way to expose a liar if there is limited evidence and no police report. I would also call the police department and try to get a record of the 911 call, then go to the police department and get a report. If you have any evidence like witnesses or photos, then gather that information together.
If I were the adjuster, I would have a couple of questions for you, so be prepared to fight a little.
1. Where were you when the accident occurred?
2. Did you fill out a blue form?
3. What evidence do you have that fraud has been committed?
Keep in mind that Farmers doesn't have a contract with you, they have a contract with the other people (hopefully). I feel like a broken record, but I will say it again for anybody reading these posts. Never leave the scene of an accident without an official police report. Demand a report! For your information, here is the statute that applies in Texas, pay attention to (c):
Sec. 550.062. OFFICER'S ACCIDENT REPORT. (a) A law
enforcement officer who in the regular course of duty
investigates a motor vehicle accident shall make a written
report of the accident if the accident resulted in injury
to or the death of a person or damage to the property of
any one person to the apparent extent of $1,000 or more.
(b) The report required by Subsection (a) must be
filed with the department not later than the 10th day after
the date of the accident.
(c) This section applies without regard to whether
the officer investigates the accident at the location of
the accident and immediately after the accident or
afterwards by interviewing those involved in the accident
or witnesses to the accident.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 531, Sec. 3, eff.
Sept. 1, 2001.
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QUESTION: thank you so much for responding also i understand the small claims court..but can i file in OK or does it need to be filed in TX ?
I have about 3 witnesses that have written notarized statements and i think i can get eh 911 report.
AnswerThe small claims suit needs to be initiated in the county and precinct where the responsible party lives. The majority of the time, everything can be done by phone and mail until there is a trial date, and even then it is possible to appear by telephone if the Judge will allow. Simply call the justice of the peace (any justice of the peace) in the county where the other person lives and ask them what precinct the address is in, and what JP court would handle the case. Then just call that JP court and find out the costs and such and get it filed.
