I am Being Accused of Faking My Car Accident Injury – How Do I Prove I am Injured?

October 25, 2023
Our West Chester Car Accident Lawyers at Eckell Sparks Represent Clients Facing Fake Injury Claims

Some people will file a false injury claim after a car accident to receive compensation they are not entitled to. That is why it is not unusual for insurance companies and other parties to accuse car accident survivors of faking injuries when those claims are legitimate. How can you prove that you are injured when others start asking questions?

Gather Documentation

Obtain and organize as much evidence about your injuries as possible. This starts at the accident scene, when possible. Snap photos of the other driver’s license, insurance, and registration, but take photos of your injuries and vehicle damage as well. Getting pictures of skid marks, downed traffic signs, and any other evidence supporting your claim.

Medical test results, diagnoses, treatment plans, and invoices should also be kept in good order, along with receipts for out-of-pocket expenses related to the injury.

Do Not Exaggerate

Although details should not be left out, statements you make to insurance adjusters and legal representatives should be straightforward and without embellishment. Exaggeration can work against you because it can be a red flag.

Follow the Doctor’s Orders

Another red flag is a gap in medical treatment. If you are not seen at an emergency room or another medical facility right after the crash, make an appointment for this as soon as possible. Follow the physician’s orders to the letter, showing that the injuries are legitimate. Waiting too long, skipping follow-up appointments, and not taking prescribed medications are all signs that the injuries were not as severe as claimed.

Keep a Journal

Car accident survivors often struggle to remember details, which can cause problems. A journal can help with this, and it is best to start immediately. Record everything about the accident, your treatment, and your recovery. Include dates, times, and notes.

Do Not Post On Social Media

Insurance claims adjusters and lawyers look on social media for evidence of fake injuries. Avoid posting any information about the accident because your statements could be disputed. As importantly, do not share comments or photos of yourself at parties or other events – that could show that you were feeling well enough to go out and socialize.

What if the Other Person Is Faking Injuries?

There are ways to prove fake injuries from a car accident if another party claims you are responsible. Your insurance adjuster will investigate the crash, and this typically includes indications that the other party is making a fraudulent claim. You will need to share all your documentation and answer their questions honestly.

Insurance companies do all they can to ensure that injury claims are valid because it is in their own best interests. If their determination does not align with yours, you can speak with a car accident lawyer. They can investigate the claim in more detail and help you work towards a fair settlement.

Our West Chester Car Accident Lawyers at Eckell Sparks Represent Clients Facing Fake Injury Claims

Whether your legitimate injury claim is being challenged or another party is making a fraudulent claim, our West Chester car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. have the skill and experience to help. Call 610-565-3701 or contact us online for an initial consultation. Located in Media and West Chester, Pennsylvania, we serve clients in Delaware County, Chester County, and Montgomery County.