Is it legal for someone else to file a claim with your insurance if they are not on your policy?

UPDATED: Sep 30, 2022

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Is it legal for someone else to file a claim with your insurance if they are not on your policy?

I slide into a ditch last week and someone else contacted my insurer and placed a claim. No other vehicles were involved, yet someone placed a claim with my insurance. I don’t see how this

is legal. I am the one who pays the bill and now I am being forced to deal with a claim that I didn’t place.

Asked on November 10, 2016 under Accident Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IF you damaged another person's property (including their drainage ditch, for example), then if they know who your insurer is, they have the right to contact that insurer and report the accident and ask for compensation. That does not mean that the insurer will pay, of course, but the communication to your insurer, if it is true and factually accurate, is not illegal.
However, if the facts are untrue--i.e. they were not damaged by your actions--then this would be insurance fraud, and you should make your insurer know it is fraud and also file a report with the police.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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