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I lied on a police report about who driving in a car

I lied on a...

I lied on a police report about who driving in a car accident. What are the chances I will be prosecuted and jailed?

Lawyer's Assistant: What state is this in? And how old is the car?

Arkansas. 6 years old.

Lawyer's Assistant: Has anything been filed or reported?

Yes. A police report was filed on the 29th

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that's it

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Answered in 3 minutes by:
1/3/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,279
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. I'm very sorry to hear about your situation. In your state, if you file a false police report (or make false statements to the police), it is punishable by up to one year in jail and a fine of up to $2,500. (Ark. Code § § 5-4-401, 5-4-201.) . This is of course a) they find out it's false and b) determine that they even want to prosecute. For something like this, it is not likely unless someone was seriously injured in this car accident or died. It's more likely the will want you to amend the report with the truth instead of going through with prosecution.

Did you have any other questions for me regarding this?

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Customer reply replied 7 months ago
Do I tell the insurance company the truth or go along with the police report?

Good question. It really depends on what's at risk. I don't usually recommend lying to the insurance carriers because if it later comes to light that a different person was driving and the insurance company paid out the claim, they could request that money back. On the other hand, if there is little chance that anyone else is going to find out, and if the person driving is not going to make a big difference, then most people would just stay consistent with the police report.

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To prove you were lying, the county district attorney and the insurance company would have to do significant investigation into the matter, which would be worth way more than just leaving it alone and paying the claim, respectively. Any other questions for me today?

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Customer reply replied 7 months ago
The other driver( 18 wheeler) had a dash cam. That's what I'm worried about.
Customer reply replied 7 months ago
I also live in a different state. TexasThe wreck happened in Arkansas.
Customer reply replied 7 months ago
The car that I was driving wasn't mine and I'm not on the owners insurance coverage. Do you think I'll have to pay out of pocket?

I see what you mean. It's possible you'll have to pay out of pocket, but only if they request the dash cam information which usually can only legally be requested after a lawsuit has been filed. So, I would prepare for having to pay, but it's not a sure thing.

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Customer reply replied 7 months ago
how do I go about amending the report? And what would cause them to file a lawsuit against me?

So, if you wanted to amend the report because you remembered who was driving, then you can contact the police officer involved and ask them if they would amen the report with the new information. The only reason that the insurance company would file a lawsuit against you is if they determined that the other driver was not driving and they had to pay out. If they don't have to pay out (e.g. if it was the other driver's fault), then there won't be anything to worry about in that case.

Did you have any other questions for me today?

Legal Eagle
Legal Eagle, Lawyer
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Satisfied Customers: 14,279
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