What can I do about insurance fraud from prior employer?

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What can I do about insurance fraud from prior employer?

I got into a car accident in may, which caused me to have a concussion. My doctor wrote for me to not work for a few days, then to transition into work to not trigger my symptoms. I was working 4 hour days so I didn’t over-due it. My employers laid me off at the end of the month. I have been trying to work with them to talk to my car insurance so I can get wage loss for the time I missed. My prior employer has misinformed the insurance agent twice. She had stated I didn’t miss but 2 1/2 days and said I had always worked 4 hour shifts. Then I told my agent that was false and asked her to call to clarify, she then said that I had changed my schedule to 4 hours a day prior to the car accident so therefore insurance can’t help me again because it’s not related to my accident. That statement is false though. I was working 8:30 am-6:00 pm prior to my car accident. How can I prove they lied or what can I do?

Asked on June 25, 2019 under Insurance Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Your recourse would be against your insurer, not the employer: while they may have lied, they don't have an actual duty to provide this information to the insurer, so you can't hold them liable for misreporting it. You would sue your insurer for "breach of contract" for not paying you the wage replacement when they should have, per the terms of the policy. You would have to convince the court of the days you were out and your shift length.


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