You were the victim of an accident, but now you feel like you’re being treated like a criminal.
Personal injury claim fraud in Georgia refers to situations where someone has completely fabricated claims or exaggerated personal injury claims. To further complicate things, the pervasive fear of fraud, fueled by viral videos and organized scams, means insurance companies approach all claims with deep suspicion. It’s normal to feel powerless if you’re thinking, “What are my options when there’s been a false car insurance claim made against me?” But it’s important to understand you are far from powerless if you have a Georgia personal injury claim fraud attorney in your corner.
“This kind of stuff happens more often than people think, and it creates a negative perception of people filing claims, so it’s all the more important that you do everything right if you are in an accident because you can be lumped in with those people very easily, even if you only make one or two missteps,” warned Jason Schneider, Partner and Co-Founder of Schneider Williamson.
At Schneider Williamson, we understand what you are up against, and we have a proven track record of shielding clients, their livelihoods, and their reputations from this severe injustice. Our role is to fight this bias and ensure your legitimate case is not unfairly dismissed. Here’s what to know about personal injury fraud and how we can help.
What is Personal Injury Claim Fraud in Georgia? How to Fight It!
Personal injury fraud refers to any intentional deception for the purpose of obtaining an unwarranted benefit from an insurance company.
These are not always complex schemes; sometimes they are simple personal injury scams or, more accurately, gross misrepresentations. Just as importantly, many people don’t realize that personal injury insurance fraud cases play a major role in why insurance companies are hard to engage with.
“The reality is that we can even see cases get flagged as fraudulent even when they’re legitimate, and the existence of widespread, perceived fraud is why insurance companies are so difficult to deal with,” explained Schneider.
The 3 types of personal injury claim fraud we see and fight in the Atlanta metro area include:
- Staged Car Accidents and Auto Insurance Fraud
- Slip and Fall Fraud and Premises Liability Deception
- Exaggerated Personal Injury Claims Involving Unnecessary Treatment or Inflated Bills
If you have found yourself in the crosshairs of one of these personal injury scams, contact an attorney ASAP. A seasoned litigator can hold these bad actors accountable and clear your name.
Related Article: How a Personal Injury Demand Letter Can Enable a Recovery in Excess of Policy Limits for Settlements
1. Staged Car Accidents and Auto Insurance Fraud
Staged car accidents and auto insurance fraud are major concerns in Georgia. These sophisticated schemes directly contribute to the skepticism every honest claimant faces. Let’s dive into what you need to know about both.
What is a Staged Car Accident?
A staged car crash is an intentionally orchestrated collision designed solely to file fraudulent insurance claims. This goes beyond simple fake car crash scenarios. Staged car accident scams are premeditated and exploitative maneuvers.
One of the more common car insurance fraud examples that we see people face is one that went viral and made the rounds on Social Media. This was a situation involving a staged car crash and dashcam, which showed exactly how these bad actors operate.
In the aforementioned video, these criminals committed a staged car crash and filed a false report and claim, not realizing they were being recorded the entire time, highlighting the importance of consulting with an attorney as soon as possible and collecting all evidence ASAP.
“There are also straight-up criminals that put five people in a car and back into a commercial vehicle, but that’s a little different – I think that is often orchestrated by organized crime. That’s a little different than what we usually deal with, but it’s definitely out there,” said Schneider.
As the victim of a staged car accident, the goal from the jump is to make you look like the at-fault party so they can file claims for inflated medical care and vehicle damage, which is why having an attorney who can demand video evidence is critical.
Getting a person charged for a staged car crash is a law enforcement matter, but protecting your civil liability and recovering damages from this targeted scheme is a legal one. A seasoned attorney can defend your civil liability and reputation and maximize your settlement after a staged crash.
Related Article: 10 Ways to Increase the Value of a Personal Injury Case
What is Car Insurance Fraud?
Car insurance fraud is the act of lying to or misleading an insurer for financial gain. One type involves faking injury after a car accident, where individuals falsely claim injuries or dramatically exaggerate minor ones to receive a bigger payout.
“I’ve seen one fraudulent claim, and we withdrew from it immediately. It wasn’t a car wreck. It was a slip and fall where a guy faked a fall, and there just so happened to be a really good video of it. That’s kind of a joke in personal injury law – if the other side sends you video voluntarily, then you know it’s probably about to undermine your case. So, during or even before discovery, when we’re gathering evidence, this really reinforces the value of a skilled attorney defending you,” said Campbell Williamson, Partner and Co-Founder of Schneider Williamson.
So, if you are in a position where you are thinking, “Someone filed a false insurance claim against me – what should I do?” The answer is to work with a personal injury fraud attorney as soon as possible. A seasoned attorney can immediately begin the discovery process to uncover the facts.
Related Article: How to Prepare a Client for a Deposition as an Attorney in Georgia | The Lawyers’ Toolbox
What is the Car Insurance Fraud Punishment in Georgia?
In Georgia, car insurance fraud is taken very seriously. The state classifies many forms of insurance fraud as felonies. Car insurance fraud punishments can range from two to ten years of imprisonment and/or a fine of up to $10,000, according to Georgia Code § 33-1-9.
Related Article: 5 Tips for Dealing with Insurance Adjusters | The Lawyers Toolbox
What’s the Difference Between a Caused Accident vs. Staged Accident?
The difference between a caused accident vs. staged accident, ultimately, lies in whether the collision actually occurred:
- Caused Accident (Induced Crash): The collision is real, but it is intentionally caused by a fraudster (e.g., slamming on brakes for no reason, waving a driver into traffic, and then hitting them, or stopping suddenly in front of a driver and then backing up into them). The victims are generally innocent drivers.
- Staged Car Accident: The collision is often entirely or partially fake, with pre-damaged cars positioned at the scene, or with the person who orchestrated the scam filing a fabricated police report.
In either case, it is imperative to consult with a seasoned personal injury attorney to ensure you have someone in your corner advocating for your rights.
Related Article: Who is Liable in a Truck Accident in Georgia
2. Slip and Fall Fraud and Premises Liability Deception
Slip and fall fraud and slip and fall scams are common in premises liability claims. These typically involve individuals fabricating a fall or deliberately placing a hazardous substance to injure themselves.
“Sometimes, people pour out olive oil, for example, and then lie down in it. These may seem like isolated incidents, but they contribute to the negative perception that harms legitimate claimants who suffer severe injuries from genuine premises negligence,” said Williamson.
Related Article: How We Proved an Invisible Injury and Secured a $1,750,000 Mild Traumatic Brain Injury for Our Client in Georgia
3. Exaggerated Personal Injury Claims Involving Unnecessary Treatment or Inflated Bills
While outright fabrication of an accident is the most obvious form of personal injury claim fraud, the most common form of fraud impacting the system involves exaggerated personal injury claims.
“This type of fraud is especially common with personal injury cases,” explained Campbell.
This one is particularly important to be aware of because they might not know they are committing it. This typically occurs when a person with a legitimate injury deliberately inflates the severity of their condition or pursues unnecessary medical care solely to maximize the insurance payout.
The Role of “Runners” in Exaggerated Personal Injury Claims
This behavior is often tied to the “runners” and disreputable networks that prey on accident victims and destroy their credibility. These personal injury scams are based on a symbiotic relationship.
“Don’t take calls from these people if you’re in an accident. You need to hire a legitimate law firm. It’s usually either a law firm or a chiropractor or both in cahoots. They have a network of doctors and lawyers and other professionals. So, once you’re in, you’re in, and it’s not uncommon for people not to step back and realize the scope of the scheme until it’s too late. The network really insulates their clients from reputable and ethical professionals. If you’ve gone to one of these places, your case is effectively over because your credibility has been destroyed, and you can’t present that case in court,” said Schneider.
The goal of this network is to generate significant medical bills through excessive or manufactured treatment to artificially and illegally inflate the settlement, which can constitute a severe form of auto insurance fraud.
“I can recall cases referred to us that originated with a known ‘runner firm.’ Every single one of those cases was extraordinarily difficult because the insurance carriers automatically doubted the claim. It wasn’t because of us, but because of where the case began,” added Campbell.
The lesson is clear: your case’s origin matters. When choosing a law firm, ensure they have a proven reputation for ethical practice and active litigation, not just referral networks.
“This really speaks to why the case needs to be put together fully and thoroughly to create the evidence and uncover the truth that shows that it is a legitimate case – otherwise, the ‘fraud units’ at these insurance companies can easily flag your case,” said Schneider.
Related Article: Personal Injury Case Management in Georgia: The Medical Side | The Lawyers’ Toolbox
How to Fight a False Accident Report and Personal Injury Claim Fraud in Georgia
Whether you are a victim of a staged car accident or are facing a slip and fall fraud, you must take proactive steps. Here’s how to fight a false accident report and personal injury claim fraud in Georgia:
- Hire a Reputable Litigation Firm Immediately: The moment a false personal injury claim has been filed, you need a firm known for its ethical practice. More importantly, you need to work with a reputable firm from day one. If your case even begins with a disreputable law firm, it can be nearly impossible to present it in court and defend your reputation.
- Never Deal with “Runners”: This is the number one way a legitimate case gets poisoned. Schneider warned, “Police report information is often sold to these runners, as they’re called. They literally sell that information. If a firm or clinic calls you unsolicited, do not engage. If the insurance company gets wind of the fact that you hired one of these firms through a runner, it severely damages your case before you’ve even got one foot out the door.”
- Be 100% Transparent with Your Attorney: Attempting to hide a pre-existing injury or any prior incident will be seen as fraud by the defense. Schneider advised, “Assume that everything in your life will be learned by the insurance company, so you need to be willing to divulge all of that and more. When a client isn’t fully transparent and doesn’t disclose everything with their attorney, that is literally the death knell of so many cases.”
- Document Everything with Your Own Evidence: Use your phone to immediately take photos of the scene, damage, and passengers. If you have any injuries, take pictures of them, too, and ensure you are tracking all related medical costs, mechanic bills, or even psychological expenses to deal with this stress. Staged car accident dashcam footage or security footage of a slip and fall scam can both be a powerful defense against these schemes.
- Protect Your Social Media and Statements: Defense lawyers will conduct aggressive social media discovery. Campbell Williamson advised, “Be real mindful about what you’re posting and saying and doing.” Any activity you post that contradicts your injuries will be used to argue you are faking injury after a car accident,” and thus, committing personal injury fraud.
Related Article: 10 More Ways to Increase the Value of a Personal Injury Settlement
We Fight Personal Injury Claim Fraud in Georgia. Contact Us.
If you are fighting personal injury claim fraud in Georgia, it can feel like someone is weaponizing a system meant for good against you. Whether you’re facing a false injury claim after a car accident or slip and fall fraud, it’s important to know that you have rights, and a premier personal injury claim fraud attorney in Georgia can help you. Let us defend you against this grave injustice.
“We know for a fact that there are certain law firms that are looked at very closely, but the average person doesn’t. That’s why you need a reputable law firm with a proven track record of success that is committed to ethical practices and better lawyering,” reflected Williamson.
Contact us to schedule a consultation. We will fight the bias so you can secure justice.