Canadian. car accident in US (Los Angeles, California). Not under my name. I think they’re claiming the fake injuries.

by Jason Troy. S.
(Ontario, Canada - Los Angeles, CA)

I, 26, drove my mom’s car down to LA, California, with my friend from there, to visit some friends and take a trip; I had just finished school. I was behind the lights and suddenly I hit the car in front of me, a 1990 mazda. He had bumper damage, nothing else, and there was no damage to my car at all except for a little bent license plate. A few days before this event my mom’s insurance company made her, my mom, and I sign a waiver a day or two before this that I wouldn’t drive her car (not that I had before) after she asked them about to quote how much it would be to include me in her policy but it was a lot and I couldn’t afford it; but I still took off, her knowing. I have been driving endlessly since I was 16 with not a single accident, except one speeding ticket last year which wasn’t fair due to the signage in that small town .

A police cruiser stopped beside us a second later and he saw it wasn’t a big deal and drove on. There’s was a young guy, 21, and his girlfriend sitting in the car. He comes out holding his neck, which took me by very surprise and made me laugh a little as it was probably like at 5 km/h. We then pulled to the side street and then the girl in the car claimed she had neck and back pain. I exchanged information with him, and she kept talking to her mom and sisters on the phone (who are responsible for amplifying the whole thing). I asked/begged him to not call the police as it was my mom’s car and we had just signed a waiver with her insurance company two weeks ago that I wouldn’t drive her car; But he told me to wait until her mom and sisters come. They came and right away start being on the phones none-stop. I kept looking at the girl in the car and I was fully sure she was faking it, it was obvious, but the driver didn’t show any more signs of a “neck pain”; which he now claims he has.
Before I knew it 3 huge firetrucks came, but only stayed a very short while. The head fireman told the girl to go home and take a Tylenol and a hot shower! Then they made a little fuss and he went back and asked her in a funny tone if she still wanted to go to the hospital; she said no. an ambulance came and didn’t stop; it just turned around and left I guess on word from the firefighter. The police came, one unit with two cops, and said “well okay, there’s no crime or injury so we’re out of here, but with a little confusion they stopped as they claimed she was injured; by this time she had moved to her mother’s car and was sitting there. One of the officers were very rude to me and asked me if I was carrying something and pushed up my sweater to check and went through my car; oh BTW this was in South-Central LA, where they all lived. It’s a really bad neighbourhood and everybody here keeps telling me here that people from there are just waiting for an opportunity like this; the other officer that was nice/sympathetic towards me asked me what the hell I was doing there but I didn’t know. Then the officer took all the info down; very fast and vague but I think he was more detailed with their side of the story as he was on that side for most the time. After many hours, I got a small slip with the other guys’s information and also it states “0 injuries on it” (I’m thinking maybe this was the slip he filled out initially, not sure but that’s the only paperwork I got.
Is this a felony?? I really don’t want a charge in Canada or even the States.
His insurance called me a few days later and I told the agent my side of the story and she told me we could handle it outside insurance if we wanted. I tried contacting him twice but he didn’t return my call after the second time. The insurance called my dad and is waiting for me to call them. WHAT SHOULD I DO?? WHAT SHOULD I SAY??? WHAT’ S THE BEST WAY OUT OF THIS??? PLEEEASE HELP. She has always had a perfect record paying less than a $170/month for two cars.

Q2. Will the report/statement from the firefighter help?

Q3. Do I have the right to ask my mother’s insurance company not get involved and try handling this myself? I don’t care about the car damage claim; it’ll be at the very most a few hundred. My real concern is on the injury claim(God willing lol)(s). I currently go to College and am currently 50k+ in debt on student loans and have absolutely no income, savings or anything to my name!! I can prove it! What would this mean?
Legally, according to Canadian law at least, I am allowed to drive her car without my own and just her insurance as we live in different cities and therefore have different addresses. They checked this at the border and let me through. The waiver/exclusion that was signed would be the problem if it ends up going through my mom’s insurance, but I’m wondering if they, due to us having different addresses. So I don’t know how “helpful” they’ll be; especially since I haven’t called them yet myself and they are waiting for my call.

Q4. If i go through insurance maybe at least they spy on injury claim persons since I think injury claims take quote a long time and might get lucky so the whole case would be dropped?

Q 5. Will it be more discouraging for them if they are suing me directly for the injury claims? Will his car insurance company be doing it?? For the both of them?
Pardon me if I’m being maybe rude and cynical about them; but I am very distressed that they are doing this; the whole scene was really a joke; even to the firefighters and initially police officers.

Q 6. Can I fight back accusing them of fake injury claims?

1000x THANK YOUS FOR YOUR TIME AND KNOWLEDGE!

Jay

Accident Causing Legal and Insurance Problems in USA


Hi Jay
Wow. This is way outside the scope of the free feedback that canada-insurance-source.com tries to provide.

If you signed an exclusion form (OPCF28a), then you agreed that you will not drive the car. Most coverage under your moms policy will likely be void. And you and your mom might be held liable for the injuries and damages. And you could be charged for driving without insurance. And your mom's policy might be cancelled as a result, making it difficult/expensive to get other coverage.

You and your mom need legal advice ASAP. This could bankrupt you, and worse, your mom. You need to gather all the information and witnesses that you can and get to legal counsel with your questions without delay.

Sorry, there's no way I can answer your questions

Note: Keep in mind that insurance licensing, legislation, and policies often vary by province and most certainly by country. Canada Insurance Source is a free information source. So use this site to gain a general understanding of insurance with your own area and situation in mind. This insurance information is general in nature and the policy wordings always take precedence. It is possible that there are errors and omissions in this website and www.canada-insurance-source.com, or its authors, take no responsibility. Make sure you review the "please read" page.

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Comments for Canadian. car accident in US (Los Angeles, California). Not under my name. I think they’re claiming the fake injuries.

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Apr 16, 2011
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Broekr
by: Anonymous

PS. OPCF 28A will not hold up in court. Fight it if you have too

Apr 12, 2011
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Broker
by: Anonymous

Bad situation, well your excluded, so right off the bat the insurance company will not cover you, they dont do anyone any favours when it comes to them spending money. second you are in the stats, they have Tort law, they sue for fun over there, be prepered for a lawsuit. your mothers insurance company will most likely cancel her for lieing about you driving the vehicle and she will probibly have a hard time finding insurance elsewhere, and if she does it will be for much more then before. get ready to see $300-500 a month. and thats probibly without you on the policy, you will probibly not find insurance anywhere except facility, but they are so expensive i suggest getting a bus pass. but life is not over, just survive the lawsuit, and if you loss or have to pay anymoney for injuries, you might need to apply for bankrupcy, your mother might as well, tell them to speak with a lawyer and start to move some ascents around, if she is the only one on the policy get her husband to put everything in his name. as your mother might be going to a ride with you to bankrupcy. but seriously talk to a lawyer as this might be bumpy roads ahead. insurance brokers cant help you now, you need legal cousel

Jan 28, 2011
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something weird happened.
by: Anonymous

Hi,

So my mom's insurance wrote us a letter stating that it is legally not liable for this case, however they withdrew $1500 from her account for my coverage (which was the estimate we got before I borrowed her car) and weird thing is I think they are standing by it.

what does this mean?

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Note: Always speak with a licensed insurance professional about your specific situation. This insurance information is general in nature and the policy wordings always take precedence. It is possible that there are errors and omissions in this website and www.canada-insurance-source.com, or its authors, take no responsibility.

Keep in mind that insurance licensing, legislation, and policies often vary by province and most certainly by country. Canada Insurance Source is a free information source. So use this site to gain a general understanding of insurance with your own area and situation in mind.  Make sure you review the "please read" page. Always speak with a licensed insurance professional about your specific situation.

Always speak with a licensed insurance representative about your specific situation.

This site is general in nature and there may be errors or ommissions

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