Targeting Fraud In Trucking Claims

Insurance fraud remains a significant and evolving problem. Recently, two New Orleans personal injury attorneys were convicted in federal court for their roles in an insurance fraud scheme involving staged accidents and unnecessary medical procedures designed to inflate claims. They were among 63 individuals charged by the federal government, which alleged the scheme operated from 2011 through 2024 and specifically targeted commercial trucking companies due to the substantial insurance coverage those companies are required to carry.

While the trucking and insurance industries are well aware of these risks and have implemented measures to combat fraudulent claims, these convictions underscore that additional vigilance is still necessary. Federal law requires commercial trucking companies to maintain a minimum of $750,000 in insurance coverage—significantly higher than the typical $50,000 minimum for personal injury liability applicable to passenger vehicles in many states—making trucking companies particularly attractive targets for fraud schemes.

To mitigate risk, commercial vehicles should be equipped with comprehensive camera systems, including forward-facing, inward-facing (driver), and side-mounted cameras. Video footage often provides the most reliable account of how an accident occurred and may reveal coordinated or staged activity. If a claimant’s version of events is contradicted by video evidence, it can halt a fraudulent claim at an early stage.

In addition, most commercial trucks—and many passenger vehicles—are equipped with onboard computers that record critical operational data such as speed, steering, braking, and acceleration. Preserving this data is essential. Companies should secure data from their own vehicles promptly and request access to, or demand preservation of, data from a claimant’s vehicle. Because such data may be overwritten if the vehicle is driven after the accident, vehicles should be towed from the scene and preserved until the data can be properly downloaded.

Medical claims must also be carefully scrutinized. Supporting documentation from qualified medical providers is essential, and those providers should be evaluated as part of the investigation. Independent medical review of a claimant’s records can help assess the validity of the alleged injuries. If litigation arises, defendants in most jurisdictions are entitled to request that plaintiffs undergo an independent medical examination by a physician of the defense’s choosing, providing an opportunity to challenge the nature, causation, and extent of the claimed injuries. Discovery should also focus on identifying pre-existing conditions, as claimants frequently attempt to attribute prior injuries or illnesses to the incident at issue.

Social media has become an increasingly valuable source of evidence. Claimants often share content that may be inconsistent with their alleged injuries, even when their claims are otherwise legitimate. Through the discovery process, parties can obtain access to relevant social media content, including posts that may not be publicly visible. Moreover, if a claimant deletes potentially damaging content and evidence of that deletion is uncovered, it may be used to challenge their credibility.

Finally, traditional investigative techniques—particularly surveillance—remain highly effective. Individuals who are exaggerating or fabricating injuries are unlikely to maintain that façade consistently. Surveillance can capture activities that contradict a claimant’s reported limitations, and modern methods may include discreet, long-term monitoring near a claimant’s residence.

In all cases, timing is critical. The sooner these investigative steps are initiated following an accident, the greater the likelihood of preserving key evidence and developing a strong defense against fraudulent claims.

If you have questions about this article, please contact Todd Knode (tknode@setlifflaw.com) at (804) 377-1277 or Steve Setliff (ssetliff@setlifflaw.com) at (804) 377-1261.