Police Suggested You Crashed on Purpose: What It Means for Your Insurance Claim

Attorney Answer

An officer's opinion does not decide your claim. Your insurer has to investigate, decide, and explain any denial in writing, on deadlines set by regulation. Because the officer's comment raises the idea of a staged crash, though, talk to a lawyer before you give your insurer a recorded statement or sit for an examination. And keep the car exactly as it is: the mechanical evidence connecting the two crashes is the heart of your claim.

The report and the officer's opinion. 75 Pa.C.S. § 3751(b)(4) says a copy of the police report:

The copy of the report shall not be admissible as evidence in any action for damages or criminal proceedings arising out of a motor vehicle accident.

That does not stop an insurer from reading the report. Insurers read reports routinely. But the officer's view is a view, not a finding.

What your insurer must do. Pennsylvania's claim-handling regulations set the timetable:

31 Pa. Code § 146.6: the insurer completes its investigation within 30 days of notification of the claim, unless it reasonably cannot. If it cannot, it must explain the delay in writing then and every 45 days after, and say when to expect a decision. - 31 Pa. Code § 146.7(a)(1): once you have submitted proper proof of loss, you are told within 15 working days whether the claim is accepted or denied. A denial based on a policy provision must name that provision and be in writing.

There is one exception, and it is the one that applies when an insurer suspects a staged loss. Under § 146.7(a)(2), where an insurer has a reasonable basis, supported by specific information, to suspect that the claimant fraudulently caused the loss, the 15-day rule gives way. The insurer must still decide within a reasonable time for full investigation. So a longer investigation is possible here. An unexplained silence is not.

If your own insurer acts in bad faith. 42 Pa.C.S. § 8371:

In an action arising under an insurance policy, if the court finds that the insurer has acted in bad faith toward the insured, the court may take all of the following actions: (1) Award interest on the amount of the claim from the date the claim was made by the insured in an amount equal to the prime rate of interest plus 3%. (2) Award punitive damages against the insurer. (3) Assess court costs and attorney fees against the insurer.

Why a lawyer comes before the statement. An insurer that suspects fraud can refer a claim for investigation, and what you say in a recorded statement or an examination under oath is evidence. Telling the truth is not the risk. The risk is giving an incomplete or uncertain account before you know what the insurer is focused on. A lawyer can prepare you, and can be present.

What you can do

1. Keep the car as it is, and ask your insurer in writing not to dispose of it until it has been inspected.

2. Get copies of both police reports, the hit-and-run and the tree crash.

3. Keep any estimate, photo or repair record from the first crash.

4. Speak to a Pennsylvania lawyer before any recorded statement or examination under oath.

5. If the claim is denied, ask for the denial in writing with the policy provision it relies on.

6. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Pennsylvania attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. The insurer's 30-day investigation period runs from your notice of the claim, under 31 Pa. Code § 146.6. Your policy also has its own deadlines for proof of loss and for cooperating with the insurer, which are a reason to involve a lawyer early rather than late.