Legal Question in Criminal Law in California
Lied on car wreck police report
an 18 yr old employee/friend rearended our car into a car that had to stop suddenly because of another car that was dead stopped on the roadway w/no flashers. No one saw who was driving, so my husband hopped out, claimed he was driving. Police report was filled out as husband being the driver & at fault. They sue us for damages. (minor injuries, their car got minor damage, ours totaled). Insurance co failed to settle, now going to court. Husband cannot get a job because he cannot get his commercial drivers lic. He got offered a good job working for the state, which he cannot get because of this wreck. Had to pay a huge deposit to get insurance, which has more than tripled. What would the consequences be if we fess up now? Would it be better to take our lumps as they are, as retribution for his stupidity, or would it be better to come clean, face the consequences of that, and clean up our driving record? Could he be charged criminally?
2 Answers from Attorneys
Re: Lied on car wreck police report
You now know the high price paid for being at fault in the accident. If you admit to the insurance fraud, you could possibly have your insurance claim denied, and possibly have your insurance cancelled. Yes, you might be charged criminally with filing a false police report, and have to hire defense counsel. Tough spot to be in!
However, the upside is that IF the fraud can be cleaned up, and IF the DMV accepts the new version, it is possible that the driving record could be 'cleaned up' as you call it, but I'm not sure that you would be any better off with an insurace fraud and/or cancellation for fraud on your record -- you would have a problem getting any other insurace.
If you decide to be honest and confess the fraud, you really should have counsel assist you. Call if interested. 714-960-7584
Re: Lied on car wreck police report
There is a possibility that he may be charged with making a false report to the police. We would attempt to not have your husband face these charges but put the charges on the 18 year old and not on your husband.
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