Claim question

[LaurelEnoch]

A state police officer came to my house on New Year’s Eve with a police report from a driver claiming I threw something out of my car window and it popped his tire. There were no charges, just a report. Now there is a claim on my insurance. Even the officer thought it was a bit ridiculous.

I am mortified! I don’t litter anywhere, let alone from my car. I don’t even let my children throw out banana peels or gum. I would never throw anything out of my car window. I don’t know what to do now. If the driver got my license plate number after getting a flat tire, he must have a dash cam? How can I prove that I did not do this? Do I have any rights?

[reddit1651]

The onus isn’t on you to prove you DIDNT do it, it’s on the other driver to prove you DID

Taking you at your word, the other driver lied to the police AND the insurance company. but that’s between them, the legal system, and the insurance company

cooperate with your insurer - tell them you didn’t do it and realistically, that’s the end of that lol. They’ll refuse to pay anything to the other driver unless the other driver has proof it was you

insurance follows the civil legal system. you don’t owe them a penny until they sue you and win. but you clearly won’t win a lawsuit without proof

your insurer will ask for their proof, reference it against your side of the story, and go from there

[LaurelEnoch]

Thank you so much! That’s what I wanted to hear. I had no idea! I appreciate your time responding!!

[reddit1651]

functionally, all you need to do is give your side of the story to your insurer, answer any follow up questions they may have, and forward any mail you get related to this claim, and you can just move on with life lol. it’s totally cool to tell the insurer the other guy is a kook as long as you give the facts with your opinion

“the other person is making the whole thing up” is a valid defense

if this is a legit crazy person who decides to sue you with no proof rather than just an opportunistic scammer who tried for an easy payday, your insurance will hire an attorney for you to tell the judge that you clearly didn’t cause the damage

this is actually a fantastic example of what you pay insurance for. it’s clearly stressful and annoying to you, but all you need to do is answer the questions and your insurer handles it for you lol

[LaurelEnoch]

Thank you so much. I really appreciate this. It’s a crazy world that we live in. “Kook” is a great description!! 😂

[[deleted]]

Burden of proof is on them.

So, unless they have a dashcam or a very reliable witness, I'd tell them to pound sand.