Can someone I got into an accident with have leverage over me if I filed an insurance claim saying I was driving even though my friend was driving?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Dec 6, 2011

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Insurance Question from Arlington, TX

Asked on 12/06/2011

Can someone I got into an accident with have leverage over me if I filed an insurance claim saying I was driving even though my friend was driving? The guy I hit asked me to loan him money to pay rent, and says he'll pay me back even though i don't believe him. Since he knows that I wasn't driving and my friend was could he use that as leverage to blackmail me into giving him money? He also has been hitting on me, does that make a difference?

Answer given on December 08, 2011

If your car was involved in an accident, and was being driven by someone else, it is not in your best interest to say that you were driving. Usually, your car insurance will cover the claim unless the driver was an excluded driver. Insurance follows the car, so whoever owned the car will be responsible for the damages. if the owner was not the driver then your rates should not be affected.If you have already reported the claim saying that you were driving, I suggest you contact the insurance company and correct that information. If the company finds out that you made a false statement it can affect your insurance claim and the company could cancel your insurance. If the other person is asking for payment directly from you, you should refuse to do so and let your insurance company handle the claim. Tell the other person that your insurance company will be in touch with him and that you don’t feel you should speak with him.

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