Isn't purposely stopping short so that the car behind you hits you insurance fraud?

Question

I hate tailgaters as much as the next person but I think I witnessed insurance fraud today. I was behind two cars and one of them was going extremely slow. They kept stopping like they were going to turn and then would pull back into the lane and go straight. The person behind them was getting agitated and began to speed up and tailgate but then stopped because I guess they realized they were to close. Than all of a sudden the first car sped up as did the second car and then it stopped abruptly for no apparent reason and the second car rammed right into it extremely hard. I had to pull off into the shoulder as did the car behind me, thank goodness there weren't any barriers or construction going on where we were or I would have been screwed. Was this insurance fraud? The car had no reason to stop at all.

Answer 1

It sure is .. it's called a "swoop and squat" or a "sudden stop" in insurance terms. The law is cracking down big time on these guys ... but it has to be proven. I hope you gave the police you clear statement and told them you really feel it was done purposely. If you didn't I would call the police station ask for someone in charge of traffic and tell them what you saw. This will help the investigation tremendously.

The people who do this are low life scum bags and they cost all of us thousands of dollars in higher insurance premiums because many times they also fake injuries. I glad you were paying enough attention to avoid being a victim yourself ... but please be sure to make a statement is you didn't do it today. Being aware and also a good citizen will be the only thing to stop these jerks eventually!
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Answer 2

It sounds like it to me. Did you stick around or at least offer your witness testimony to the victim?
I would hope you did. If you didn't you can STILL go to the police station and explain to the officer what you witnessed and they would be able to give you the case number and possibly the insurance company names of the parties involved.
The people who purposefully use their vehicles as an extension of their emotions should get their driver's privledges yanked from them for at least 6 months.
I'm sure many people would blame both parties since the follower had an opportunity to keep assured clear distance. Rule of thumb is to pull over and let the assholes go ahead a few hundred feet!
Who knows, they might have even known each other.
Carma will get those con artists in the end. They might come back as a rat in their next life... or maybe not come back at all.

Answer 3

The first car could have had a drunk driver as well, it would explain the turning and changing their minds, and stopping short repeatively.

But even though it's pretty much insurance fraud, it won't make a difference....the second car will still have to pay the bill seeing as they were tailgating...It's also probably why some places have mim speed limit, so drivers HAVE to drive at the ver least that speed

Answer 4

From what I've seen, it depends on the state. Here's an excerpt from one page about it:

"It will depend on state laws usually to determine who would be at fault if a driver slams on their brakes causing the car behind them to hit their vehicle. Most states have negligence laws of some type and with these one or both parties might be found at fault.

In some states they could determine driver B to be at fault since the driver of Car B should have been leaving stopping distance so that if Car A slammed on their brakes Car B would have room to stop without hitting Car A. In other instances if it can be shown that Car A braked on purpose to cause an accident that driver might be found at fault.

Or finally both Car A for purposely slamming on their brakes and Car B for following too closely, tailgating, could both be found at fault. You will need to research the negligence laws of your particular state. For example if it has comparative negligence laws than that is when two parties fail to perform ordinary reasonable care, which if this was a road rage incident could likely be shown.

Your insurance agent with whom you or the other driver might be putting a claim through should be able to help you with this. If claims are put through both driver's insurance companies, both providers will likely investigate the incident and determine fault."

Answer 5

While it could be considered fraud, there is no real case for it, because number 1: There's usually no way to prove there was no reason to stop, and number 2 :Tailgaiting is inexcusable, which is why the rear end is always the back person's fault.

Answer 6

if they did it for insurance purposes it is.In the least it sounds like a wreckless driving charge with some sort of intent to harm also.You should report what you saw.Just because no one got hurt or killed this time doesnt mean they wont be next time. Peace out

Answer 7

Both were equally wrong. They both were acting childish and could have killed someone. They are both "road rage". Yes purposely stopping is insurance fraud and again wrong, so is getting so upset over an idiot that you tail gate and cause and accident too.

Answer 8

It could be an attempt to defraud the insurance company and I'd imagine there will be an investigation by the insurance company as well as the police if they were called.

Answer 9

The police will do little but the insurance companies work together to track groups doing what you described. They do the work and turn it over to law enforcement.

Answer 10

Yes, this is illegal. I would phone the police station to help get the guy off the hook because it wasnt his fault. It may be too late now, but if it happens again i would be a witness to the cops and tell them the truth.