Giving false information on a recorded statement

(Ft Myers, FL USA)

My Mother and I live together and she drove my truck to work and was involved in a minor accident. The police were called and no ticket was issued. No police report was filed--the officers filled out an exchange of information form only.

They listed $100 damage on both vehicles even though they told my Mom they didn't see any damage on either vehicle, even telling my Mother that they wouldn't even report it to the insurance co. Soon after the accident my insurance company contacted me saying there was $500 damage to the other vehicle and the other party was claiming bodily injury. No ambulance was called at the time of the accident and nothing was mentioned to the police about being injured.

I do not have my Mother listed on my auto insurance policy and was told the claim would be denied if she lived with me and was involved in an accident while driving my vehicle.

An adjuster contacted me saying I had to give a recorded statement regarding where my Mother lived. I told them she lives with my sister and gave my sister's address. Now I have recv'd a letter from my insurance company with a scheduled date to testify under oath regarding this accident.

They want proof of where my Mom has lived for the last year. I do not want to lie under oath and want to just tell the truth about where my Mother lives. I don't want my insurance company to pay what I think is a fraudulent claim anyway. I'm worried because I already lied on a recorded statement to them and don't know how to proceed from here.

I have not been contacted by the other person's insurance company at all. I believe my insurance company probably knows that my Mom lives with me and just want to avoid paying the claim. I'm just not sure what to do at this point.

Thank You!

Answer

Hello there,

Lesson 1: NEVER lie to an insurance company. They could prosecute you for insurance fraud and that will not be fun. I know you did not come here for a “lesson,” but you do need to know what you are against.

You are probably right. The insurance company is asking for a statement under oath (as it is their right under most auto policies) to see if you lie (they know something is up). If you do, things can get very ugly.

You have two options. You talk to a lawyer who will go with you to the interview and help you on the process, which you should always do anyway and

You deny giving the statement under oath. They will deny your claim, but you will not give them evidence that you lied. The insurance company will close the claim as incomplete (with notes that there was possible fraud), but would not be able to show that you lied under oath to gain insurance coverage (a much more serious offense).

In any event, you are better off talking to a lawyer,

Good luck,

Héctor