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Can You Sue Someone for Lying About a Car Accident?

Date Posted:

June 23, 2026

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    A car accident can become complicated fast when the other party gives a version of events that is untrue. The injured person may be dealing with pain, missed work, vehicle repairs, and calls from an insurance company as the driver’s story starts shaping the file.

    In Ontario, can you sue someone for lying about a car accident depending on what the lie changed. A false account may affect fault, delay benefits, put the injured person under unfair additional scrutiny, or make settlement harder. After an accident is reported, insurers review the circumstances surrounding the crash and use Ontario’s Fault Determination Rules as part of the auto insurance claims process. This somewhat arbitrary system provides claims adjusters with diagrams of sample accidents to help them determine fault. If a party is partly at fault then they may have to pay their deductible or they may not be able to get their car repaired at all if they don’t have collision coverage. When a party lies about the circumstances of an accident it can also affect the amount of compensation that the victim can recover for personal injuries and loss of income in court.  .

    McNally Gervan reviews how the story fits with the records, vehicle damage and the injuries. That includes what happened at the scene, what was reported, witness statements, dash cam evidence, what the injuries show, and how the claim has been handled since the incident.

    Can You Sue Someone for Lying About a Car Accident?

    When a Lie Affects the Injury Claim

    A false statement can cause real damage in a car accident claim. It may slow down benefits, shift blame, or give the insurer a reason to question an injured person who is already trying to recover.

    The claim usually grows out of the crash itself. If an at fault driver lies about how the accident happened and caused the victim injuries, lost salary/income, property damage, medical bills, medical expenses, or other financial losses, there may be legal grounds to move forward. The lie becomes important because if it is believed it can affect the credibility of the victim and his or her claims. For the injured person, the priority is getting the record corrected before the false version gains weight.

    How False Statements Can Affect Fault in a Car Accident Claim

    Fault disputes often begin with conflicting stories. One driver says they were stopped. The vehicle damage suggests movement. Another denies using a phone. A witness remembers seeing one in their hand. Sometimes the opposing driver gives a version that sounds simple until the physical evidence is reviewed.

    Insurers use Ontario’s Fault Determination Rules to determine fault. That decision can affect insurance coverage, higher premiums, and a person’s driving record. Police findings may also matter, especially when charges are laid.

    The facts around the crash need careful attention. Vehicle damage, lane position, road conditions, traffic controls, timing, municipal traffic cameras, and the other driver’s story can all help show what likely happened. If alcohol, drugs, or distraction may have played a role, police and hospital records may help prove that one party was impaired and had a reason to lie about the accident.  

    Evidence That Can Correct the Record

    The important thing after a disputed crash is to collect evidence early. Memories fade. Video can be erased. Details that seem obvious in the moment may become harder to prove weeks later.

    Photos from the accident scene can show vehicle positions, damage, road conditions, lighting, debris, and skid marks. A police report or accident report may record what people said soon after the crash. Repair estimates, medical notes, insurer letters, and other documents may also contain relevant information.

    A car accident witness can be valuable when two drivers disagree. Clear witness statements may help confirm the order of events. In some cases, traffic camera footage, social media posts, dashcam video, nearby surveillance, electronic data, and other evidence can help fill in gaps.

    If the case moves into a lawsuit, formal witness testimonies may become part of the record. The goal is to gather evidence that can support a strong case.

    What Happens If Someone Lies to Police?

    A false police report is a serious matter. Under section 140 of the Criminal Code, public mischief can include making false statements to mislead a peace officer into starting or continuing an investigation. Giving false statements can lead to charges. Evidence given under oath can also raise concerns about false testimony.

    For the injured person, the immediate issue is the effect of the false information. A dishonest report may influence fault, delay benefits, create credibility concerns, or lead to further investigation. Criminal charges and serious legal consequences are handled through the criminal system. The injury claim deals with compensation for the harm caused by the crash.

    A false report may also affect how the civil file develops. If the story given to police conflicts with the damage, records, or witness accounts, that conflict can become important later.

    What Happens If Someone Lies to an Insurer and Submits a False Car Accident Claim?

    A dishonest driver can cause problems early in the insurance file. If they give inaccurate details, the injured person may face delays, extra questions, or unfair doubt from the insurer.

    Ontario treats insurance fraud seriously. A person who invents symptoms, exaggerates losses, or gives inaccurate information to obtain benefits may raise fraud concerns. Certain facts may also point to fraudulent misrepresentation, which has specific proof requirements.

    For the injured person, the response should be steady. Stay calm, save messages, keep records, write down key dates and details, get medical care, and give accurate information to your own insurer. These steps help protect the claim before the false version becomes harder to correct.

    Time Limits Still Matter

    A false accident story can take time to sort out, and deadlines can continue running as the facts are being checked. In Ontario, many injury claims are subject to a two-year limitation period from the date the claim was discovered, depending on the facts and the law that applies. Car accident cases can also involve insurance reporting steps, accident benefits timelines, and dispute deadlines.

    Waiting too long can make the claim harder to prove. Video may be erased, witnesses may become harder to reach, and insurer positions may become more difficult to change once the file has moved in the wrong direction. For example, the City of Ottawa only keeps municipal traffic camera videos for 30 days.  Anyone thinking about taking legal action should get legal guidance early, so they understand their legal options before important proof is lost.

    Speak With McNally Gervan Car Accident Lawyer About a Disputed Car Accident Claim

    Dishonesty after a crash can affect fault, benefits, settlement, and the pace of the claim. It can also add stress at a time when the injured person may already be dealing with treatment, income loss, and pressure from insurers.

    McNally Gervan helps injured people with motor vehicle claims, disability issues, and insurance disputes after serious accidents. If someone is lying about a crash that injured you or a loved one, an Ottawa car accident lawyer at our firm can review the record, assess the proof, and explain what can be done next. Contact us today for a consultation and get started.

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