Legal Question in Personal Injury in New York
Insurance Fraud?
If an insurance company stands behind a witnesses account of a MVA and knows that the information is false,then submits this statement to an inter-company arbitration panel,which inadvertantly skews their perc eptions of the facts,thus ruling in the side of the ''lying witnesses''testimony, can that be considered fraud? There were injuries sustained to the driver of the vehicle this ''witness'' is lying about.
The driver has also lied about the facts and yet it was still presented to the arbitration panel.
1 Answer from Attorneys
Re: Insurance Fraud?
For the purpose of answering your question, I will assume you have complete proof of the fact that the insurance company has mislead a trier of fact or has acceded to outright perjury.
Fraud is a difficult matter to prove civilly. It must be very particular as to facts. You should seek legal advice to determine if your situation is like the one I described above.
You would have to show intent on the part of the "liars" to defraud you and the court. You would also have to prove they lied about a "material Fact." There can be no wiggle room.
Your desciption is too vauge and conclusory to say if your situation is strong enough to prevail in a lawsuit.
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