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Fraudulent Claim, fictitious dog 'attack' Premises Liability

Discussion in 'Accidents, Injuries, Negligence' started by capecod, Oct 15, 2009.

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  1. capecod

    capecod Law Topic Starter New Member

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    Fraudulent dog attack suit:

    We are being wrongly accused of a 'dog attack' at an address that is not near our house, where our dog would never be under any circumstances. We have an electric fenced yard which contains the dog unless she is in our car.

    We have contacted our police department and they have gone thru their records and there is no incident at or near that address anywhere near that given date involving any dog or any other accident.
    Then we contacted the town dog officer, he came up with the same info, absolutely nothing at all.
    The date is not exact, and wouldn't an 'attack' be on a specific date?

    In our state, if there is any accident involving a dog, there has to be a report by the doctor or hospital which treats an injury.
    There is none.

    So there is nothing that represents any fact at all, and we are wondering why this person, who is a newcomer to this area(yes, we have done our research), would pick us.
    Our insurance agent said that this is a Fraudulent Claim and that they see these quite frequently.
    Then the main office of our insurance company contacted us by phone, and said that this threatening letter is a form letter, and its common. They will handle the entire situation for us. First, they have contacted the lawyer who wrote this letter to ask for confirmation of police reports, doctor reports, and any other proof that this 'could' have happened. Nothing so far.

    They explained that this goes on all the time, people pick someone with a nice house in a nice neighbourhood at random and see what they can get out of their insurance company. It is cheaper to pay these fraudulent claims than to fight them. One reason that the premiums for homeowner insurance is escalating at an alarming rate.
    The judicial system in Massachusetts condones this, and the insurance companies know that they do, but its something that is very difficult to address or correct here in this state.

    So is there some way to 'reciprocate' to these people and have this fraudulent claim dealt with?
    What do you suggest. We are retired and have plenty of time to pursue this.
    Thank you.
     
  2. dee_dub

    dee_dub Moderator

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    Your insurance company already dealt with it legally.

    If you want to make there life miserable, you don't do it through the courts. Maybe your local newspaper would be interested in reporting on the fraudsters (although I suspect the spectre of libel would scare them off) or investigating to see whether they've pulled this before.
     
  3. capecod

    capecod Law Topic Starter New Member

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    Fraud investigation

    Thank you,
    We are thinking about this, as so far our insurance company has not recieved anything, and they asked for documentation, dates, reports and more.
    It sure would be interesting to see if this guy has done this before. Its odd that he is a newcomer to this area, which most people know eachother. Nice way to start off, eh?
    Its a summer house, they don't live here year round, so obviously they have more $ than the 'native Cape Codders'. I see by zabasearch.com that he owns more property in the Boston area.

    So lets see if our insurance company can come up with this info. MA does have an insurance fraud investigation hotline, so maybe we will go this route after we see if the guy's lawyer ever does come up with any info.
    Our police dept. and dog officer went thru all the records and still have found nothing at all.

    Gee, what a way to cheat the system! Some people will stop at nothing. I guess this comes under the guise of 'White Collar Crime". I sure can see now, why our premiums are high, and the dishonesty that our insurance companies have to continuously deal with.

    We sure would see this blown apart by a local newspaper, but if there would be repercussions, such as libel, then it would not be a good idea.
    This is the first time that we have ever come across this type of thing, so you can see that we really appreciate your advice.
     
  4. capecod

    capecod Law Topic Starter New Member

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    Spoke with a person who has been in the insurance industry for eons, and he said that this will probably come to a dead end because there is virtually no documentation from them. So its bogus. He said let your insurance company finalize it. Do not contact anyone at all. This whole thing is just another perp looking for a fast buck, knows you have a dog and a nice house, that's all they need to work with.
    Dont do anything, as there have been known of these crooks doing things to peoples pets if they get brought up to task.
    Leave it alone and dont let your dog be out in your yard alone if there is any way that there could be a danger. It wouldnt be the first time.
    These crooks will move on to somebody else and try to defraud another insurance company.
    The woods are full of these creeps.

    Just why does one have to end up in our nice area, though he is not in our immediate neighbourhood.
     
  5. capecod

    capecod Law Topic Starter New Member

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    Oh, just heard some neighbourhood 'gossip',,,,,,this guy was on crutches at his daughter's wedding about the middle of August, and claimed that a dog attacked him on a different road! This road is about 3/4 of a mile from the original 'claim'.
    Where do we go from here?
    Thanks
     
  6. dee_dub

    dee_dub Moderator

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    You don't need to go anywhere from here. Your insurance company is handling it; let them do their job.
     
  7. capecod

    capecod Law Topic Starter New Member

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    Thank you!
    They certainly are doing a good job, and they are also investigating that guy, they seem to think he has done this before. He is a newcomer to our area and nobody knows much about him.
    So its being taken care of, the insurance companies see this type of dishonesty all the time.
     

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