What is the punishment if I lied and said my wife was driving during an accident but I was actually driving?

UPDATED: Jun 12, 2011

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What is the punishment if I lied and said my wife was driving during an accident but I was actually driving?

I was driving my wife’s car when we hit a pole trying to miss a swerving vehicle. My wife and I switched seats because I thought it would be better if she was “driving,” since we were newly married and not on the same insurance. Her insurance company is now fighting the other guy’s insurance. What would happen if, before it goes to court, we tell the truth that I was actually driving?

Asked on June 12, 2011 under Accident Law, Montana


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You are facing a whole lot of trouble here. If your wife was ticketed when in actuality you drove, the ticket could be points she gets on her driving record. Further, it makes no difference if you were not on the same insurance because she should be covered under her own insurance for any vehicle she drives if she has that type of driving and same with you. If you didn't do this, then either you would be facing claims through and by both insurance companies or the claims would be denied for lack of coverage. What you did could be potentially considered fraudulent, but you really should consider consulting an attorney (one not connected to your insurance company) before you go forward with anything because if it is reported to the police, both you and your wife would be equally in trouble.

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