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Fighting Auto Accident Claims: 3 Ways To Disprove False Injury Claims

The sheer impact and force of two cars colliding into one another can cause severe injuries to the driver and the passengers. In fact, 20 to 50 million Americans are either injured or disabled as a result of a car accident each year, and it's not uncommon for parties to claim medical injury when seeking compensation. If you're involved in a minor fender bender and the other party is requesting compensation for severe injuries, the first thing you need to do is to contact an auto accident attorney. You need to build a strong case on not only your innocence, but also a strong case that can disprove false injury claims, so that you won't be left on the hook for paying an insane amount of compensation in the event that you're found to be at fault.

Record the Other Parties Giving Statements About Their Physical Condition

The statements that the other parties involved make at the time of the accident can be critical in disproving false injury claims. You want to record the other parties involved when they are giving statements about their physical condition. For example, you want to record the other parties if they say something like, "I'm okay" or "I'm not hurt." These statements are considered "Res Gestae" statements and can be submitted as evidence in court even though it's technically hearsay.

Basically, the reasoning behind this is that the statements that were made at the time of a traumatic accident were most likely true and honest because the parties involved don't have sufficient time to make up falsehoods. The parties don't have time to come up with lies that might benefit their case, as they are probably in shock.

Make Things Official with a Police Report

You'd be surprised at just how useful a police report can be. The police officer might be able to provide more insight as to how serious an accident was, and an unbiased opinion on how each party involved was acting after the accident. The position of the police officer basically makes them a credible witness, and it's likely their perception of the accident won't change, as they'll need to document it immediately via a police report.

The lack of statements claiming an injury during the police report can be very telling, although some symptoms like muscle pain or whiplash might only appear days after. Still, the police report can prove the lack of severe injuries.

Invite Medical Experts to Take the Stand

If the other parties are claiming severe injuries, you can ask a medical expert to testify on your behalf. The medical expert will not only examine and inspect the injured party, but will also look over their medical records and history. They can then testify as to whether the injuries that are claimed is possible with the severity of the accident and whether the injuries might simply be from a past incident.

The medical expert can also determine whether the other parties involved did all that they can to prevent the injuries they're claiming from worsening. They'll look at the type of treatments and medications that the other party has taken, along with when the injuries were claimed and the likelihood of injuries caused by the accident emerging at that time. 

Conclusion

Don't let a scammer milk you of your hard earned money, especially if you know that the accident was not severe enough to have caused the injuries that are being claimed. To prevent yourself from being a victim of false injury claims, speak to an auto accident attorney as soon as possible. You'll need to defend yourself and disprove any claims that are being made by collecting evidence and building a strong case.