What to do when someone is filing a false claim against my wife

My wife got a call from our insurance company about a week and a half ago. They said that she was involved in an accident in a parking lot and that she caused damage to another vehicle. This was during the time she had a rental car due to hers being in the shop. She was never in an accident and showed the rental car return that stated there was no damage and her car was returned in good condition. They claimer has a supposed witness who said they saw my wife hit the car and drive off. The owner of the car and witness have not provided any evidence of their claim but my insurance company is saying my wife is at fault and we are liable for any damages to the car. They only ‘evidence’ they have is a picture of ONLY my wife’s license plate number but no damages of any kind. What should I do now?

Asked on October 5, 2017 under Accident Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, there is a whole industry of attorneys who will file claims with little or incomplete investigation.  If their client tells them an accident occurred, then they believe that an accident occurred....so they file suit.  Your insurance company should assist in providing you an attorney to defend the claim.  You need to find this out asap.  If your policy does not provide such coverage, then you may need to hire your own defense attorney.
While you are getting that figured out, make sure that you also work with the rental company.  If you have not already done so, make sure you get photos from every angle of the rental car to physically demonstrate that there is no damage.

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