Auto Insurance Claims/Insurance Fraud?

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Expert: Charlie Barone - 10/15/2009


Question
I was in a car accident over two years ago in CA. The other drive was found at fault twice--by my insurance and again by a third party arbitrator. The other drive is now suing me. If he received payment for damages to his vehicle from his insurance company--can he sue me? Isn't that insurance fraud? "Double dipping"?

Please advise.
Thanks!

Answer
While I am not a lawyer and cannot give legal advice, I know that making a profit on an insurance claim is illegal. If you are being sued, just bring the paperwork from the arbitration to the hearing and it should be dismissed. You have to defend yourself or risk having a judgement entered against you in the matter.

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Charlie Barone

Expertise

For questions involving auto damage claims, collision repair, forensics, industry practices, we can help. We specialize in claims for loss of resale value (Diminished Value).

Experience

I have 30 years experience in the collision repair and body reconstruction field, both hands-on and from behind the desk. I hold a Master Certification from ASE in the Body and Paint category, as well as their certification in Estimating. I have authored over 120 feature and training articles for the largest trade journal devoted to the collision repair industry, and have given expert testimony in court dozens of times. Licensed physical damage appraiser in Pennsylvania and reciprocal states.

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