Expert: Ron Cercone - 11/8/2010

Question
I have a question I hope you can answer.  My car was apparently stolen and totaled.  A police office came to my home and informed me my car was in an accident and was stolen.  He asked if my husband was home, which he was and asked me to wake him so I did.  My husband stepped out to speak with him.  when he came back in he said the officer told him the car was stolen and wrecked as a total loss and just asked him where he was and basic questions.   I then filed the insurance claim immediately the same morning as instructed by the police officer.  3 days later, the police asked my husband to come down to the station to answer more questions and then arrested him saying he filed a false police report because the other driver said my husband was the driver in the car...even though he didn't file a police report-only answered verbal questions.Plus,  I don't know how this could be since he was home with me and we were both sleeping, but regarldess....now my insurance has already paid out on my claim. He has a court date for 3 a month from now to hopefully resolve this.  But What will happen if he can't prove it really wasn't him driving? Will insurance sue me since I filed the insurance claim?  This seems so unfair right now...Please help with advice!

Answer
Well, I think you are innocent until proven guilty. I guess a judge or jury would have to believe the other drivers testimony more than yours if your husband was found guilty. Maybe you should or your lawyer should hire an investigator to dig up some dirt on that other driver? If found guilty, the insurer would probably want their money back. Did the cop show a picture of your husband to the other driver to identify your husband?