The Use of Apps to Stage Car Accidents (DRI )

The Use of Apps to Stage Car Accidents

  Friday, September 16th, 2022 Source: DRI

Insurance fraud is anything but a new concern for insurance companies and counsel. A simple online search reveals a litany of articles, investigations and reports of scams and schemes developed by would-be plaintiffs to secure damages based on accidents that were not accidental and injuries that were never sustained.

In this context, insurers are often forced to expend time and resources sifting through evidence to determine whether a claim is legitimate or a product of fraud.

This endeavor is complicated by the high evidentiary burden generally placed on defendants, and by extension, a defendant’s insurer, to establish the existence of fraud.

Courts, in most circumstances, apply the clear and convincing evidentiary standard. This requires the evidence presented to be highly probable, requiring the fraud ‘not be assumed on doubtful evidence or circumstances of mere suspicion.’

Against this backdrop we must acknowledge there are a few instances where modern technology has made identifying a fraudulent claim a bit easier.

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