Legal Question in Insurance Law in California

i was in a small accident that was my fault, my insurance had been cancelled due to non payment, i told the other driver and they agreed to follow me to the insurance office where i made a payment and reinstated my insurance and both reported on the insurance claim that the accident happened at a later time that day. now the claim is under investigation because my insurance was reinstated and the accident happened so close in time. the insurance will not pay the other driver until it is determined that i was covered by the insurance at the time of the accident and the driver now tells me i need to pay because they need their car now because it is in the shop, even though it was minor damage and is still drivable! do i have to pay? what will happen if i don't and the police or the insurance company get involved and find out i had no insurance. will they get in trouble too for lying?

Asked on 12/09/10, 5:37 pm

2 Answers from Attorneys

Jeffrey Zinder Zinder & Koch

You and the other party conspired to commit insurance fraud. You are nonetheless responsible for the accident, and you could be in serious trouble with your insurance company and could face criminal charges.

If you do not pay you could be sued and if you continue to lie to your insurance company they can also sue you for any costs they incur in relationship to this accident that occurred during the lapse in your coverage. You should consult in person with an attorney and try to get things worked out before they go any further.

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Answered on 12/14/10, 5:46 pm
Richard T. Rosenstein, Esq. ROSENSTEIN LAW OFFICES 1-888-500-5291

Please be take notice that it is considered insurance fraud to file false insurance claims in an effort to secure coverage. You should never falsify dates of car accidents and then report such information to your insurance company.

If your insurance policy was cancelled on the date of the accident, then you would be deemed uninsured on that date. This fact does not change simple because you entered into an unlawful agreement with the other party to attempt to defraud your insurance carrier.

Under any circumstances, you would ultimately be liable for the damages which were sustained as a result of your negligence.

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Answered on 12/14/10, 5:52 pm

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