Given how lucrative a successful personal injury lawsuit can be, some individuals will unfortunately attempt to fake a personal injury after a car accident and claim you were responsible for the accident. If this happens, you may need to retain a lawyer and will also need to gather evidence to prove that you did not cause the accident or that the accident didn't occur in the first place.
Get the Police Involved
Because of the risk of fraud, you should always contact the police when you are involved in an accident. The information that the police write down can be used in court to prove you were not at fault. However, the police might not come if no one is hurt and if there is no vehicle blocking traffic.
Depending on the nature of the injury, if the plaintiff does not report the injuries immediately after the accident, this can be used as evidence that he or she was not actually injured. However, some injuries will not show signs until days, weeks, or even months afterwards.
The plaintiff may claim there were more passengers in his or her car than were actually there. A plaintiff who claims to have suffered an injury after the accident may not have even been in the car. Witnesses and police reports play a role in proving that the plaintiff's version of the events is not accurate.
Be Careful When Driving
Some motorists attempt to trick you into performing an action that may lead to you suffering an injury. For instance, a motorist may signal for you to change lanes and then speed up, causing you to have a collision. At a stop sign, the motorist might attempt to T-bone your vehicle and claim you were running a stop sign. He or she might slam on the brakes and force you to rear-end the vehicle.
The best way to avoid liability with these cases is to find witnesses who can support your version of the events. Also, expert witnesses called upon by your attorney may show that the nature of the accident still suggests you were't at fault.
If you are struggling with a fraudulent lawsuit, you are best off contacting an attorney who has experience with these matters, like one with Steele Law Offices, LLC. Attorneys are able to uncover evidence and make arguments that are more likely to win in court and will work with you to negotiate a settlement if necessary.