Kevin thought it was harmless. A small fender-bender outside Spokane. No witnesses. He told the officer the other driver ran the red light. Insurance paid out fast… until someone pulled the traffic cam footage.
Within weeks, Kevin wasn’t just dealing with a denied claim. He was facing a felony.
In Washington, misrepresenting the facts after a crash to police, insurers, or the court can carry steep legal penalties, including jail time, restitution, and a permanent criminal record. Here’s what every driver should know.
1. Lying to the Police Officer at the Scene
RCW 9A.76.175 — Making a False or Misleading Statement to a Public Servant
It starts with one sentence. You might say you didn’t see the light turn red, or that the other driver swerved into your lane. Maybe you leave out the fact that you were glancing at your phone.
But when you’re talking to a police officer, you’re not just making conversation: you’re creating a legal record.
Under Washington law, knowingly giving false or misleading information to a public servant (like a police officer) is a Class C felony. That means up to 5 years in prison and a $10,000 fine. And that’s before we even talk about what happens to your insurance or personal injury case.
Even worse: the police report becomes evidence. Insurance companies use it to decide liability. Lawyers use it to argue fault. Judges use it to assess your honesty. If your version of events turns out to be false and dashcams, witnesses, or surveillance footage contradict you, your case may fall apart.
Why this matters:
One small lie can ripple through every stage of your case, including the compensation you deserved in the first place..
2. Lying to the Insurance Company
RCW 48.30A.015 — Insurance Fraud
Let’s say you’re not lying to the cops. “Just” to the insurance company. Maybe you stretch the truth about how badly you were hurt. Maybe you say you missed two weeks of work when it was really only three days including a Friday and a Monday. Or maybe you say your passenger was injured too, just to pad the claim.
That’s not “gaming the system.” That’s insurance fraud, and Washington State takes it very seriously.
- If the false claim involves over $1,500, it’s a Class B felony (up to 10 years in prison).
- If it’s under $1,500, it’s still a gross misdemeanor (up to 364 days in jail).
- And regardless of the amount, you may be ordered to repay everything you received,
- Plus end up with a permanent criminal record.
Insurance companies don’t just accept your story. They verify it. They review medical records, check surveillance, dig into employment logs, and even monitor your social media. If they find inconsistencies, or evidence that your injuries were exaggerated, they can deny the claim entirely and report you for fraud.
Why this matters:
Even if your crash was real and your injuries were painful, one dishonest detail can destroy your entire claim. In fraud cases, the insurer doesn’t have to pay you anything. Not even the parts that were true.
3. Lying Under Oath in Court or a Deposition
RCW 9A.72.020 / 9A.72.030 — Perjury in the First and Second Degree
Depositions and court testimony feel different. You’re not at the scene anymore. You’re dressed up. You’re being questioned by lawyers. And every word you say is being recorded under oath.
This is where many people panic. They double down on earlier lies, thinking it’s too late to backtrack. But lying under oath it’s perjury. And in Washington:
- If the false statement is material to the case (meaning it affects the outcome), it’s First-Degree Perjury, a Class B felony
- Less serious lies still count as Second-Degree Perjury, a Class C felony
And here’s the twist: you can be convicted even if the lie doesn’t change the verdict. The attempt to deceive is enough.
Judges and juries are especially sensitive to perjury. It doesn’t just weaken your case, but opens the door for the defense to question everything you say. They’ll use your falsehood to cast doubt on every injury, every pain, every lost paycheck.
Why this matters:
One moment of dishonesty in court can turn a strong case into a total loss… and worse, land you with felony charges that stick with you for life.
Not Sure What You Said — or What You Should Have Said? That’s Okay.
It’s easy to panic after an accident. Maybe you filled out a form quickly and missed a detail. Maybe you told an officer what you thought happened, only to realize later that you got it wrong. Or maybe you said something to the insurance company that, in hindsight, doesn’t line up with the facts.
That doesn’t automatically make you guilty of fraud or perjury.
But it does mean you should talk to an attorney before speaking further.
At The Advocates, we’ve helped people who were overwhelmed, confused, or simply scared. We understand that memory can be fuzzy after a crash. What matters now is what you do next.
Your story matters. Let’s make sure it’s told the right way.
Contact The Advocates today before one small mistake becomes a bigger problem.