There’s a video online showing a car that seems to be committing insurance fraud, backing into the victim’s car. The victim is hesitant to share the scammer’s name because she’s worried it might hurt her case or she could be charged with defamation. Is this a real concern? Should she avoid sharing the scammer’s name?
If you make a YouTube video accusing a specific person of committing a crime, they could sue you. Would they win? Probably not, but a lawsuit is always a gamble. Is it worth the risk and hassle? Probably not.
It also depends on where this is happening. Defamation cases are hard to win in the US but easier elsewhere. Some places have anti-SLAPP laws to protect against baseless lawsuits and even help you recover legal costs.
Defamation is when someone spreads lies about someone else to hurt their reputation, usually for financial gain. Most lawyers won’t take a defamation case unless the damages are significant.
It’s definitely a bad idea to share someone’s name in this kind of situation. Just don’t do it. Also, since you didn’t mention the location, the legal advice might change based on that.
@Scout
This is happening in New York. Also, I heard about another case where a woman claimed her Lyft driver stole her stuff and she posted his name online. The video went viral. Could the Lyft driver sue her and win?
@Wylie
Yes, he could sue her.
As for winning, no one can predict that. We don’t have all the details, and we’re not the judge or jury.
If the driver really did steal the items, then it’s not defamation because it’s the truth.
@Reese
So does that mean the victim in my car scam case can post the scammer’s name since the scam is real?
Wylie said:
@Reese
So does that mean the victim in my car scam case can post the scammer’s name since the scam is real?
Yes, but just because something is legal doesn’t always mean it’s a good idea. If there’s an ongoing investigation or lawsuit, it could cause complications.
How can you be sure it’s a scam just from the video?
Blaze said:
How can you be sure it’s a scam just from the video?
Just because the car did something suspicious doesn’t automatically make it a scam. The victim first thought it was road rage. Maybe it was a bad or confused driver. For it to be insurance fraud, there needs to be proof of false statements or fake claims being submitted.
As the saying goes, what evidence do you have of fraud? The video might show weird behavior, but that’s not enough to prove intent.
@Jalen
If it’s not a scam, couldn’t the driver still be charged with something like reckless driving or vehicular assault? Either way, someone’s guilty in this situation.
But yeah, it sounds like it’s safest not to post the info online.
Blaze said:
How can you be sure it’s a scam just from the video?
This video went pretty viral. It was even shown on ABC and other major news outlets. If you search ‘car scam’ on YouTube, it should come up first.
@Wylie
Are you sure it’s the exact video you’re talking about, or is it a similar one with different people and circumstances?
Blaze said:
@Wylie
Are you sure it’s the exact video you’re talking about, or is it a similar one with different people and circumstances?
It’s the exact video. It was uploaded just a couple of days ago.
> a car is clearly committing insurance fraud and backed into the victim’s car.
What do you mean by that? Are they filling out insurance forms on camera?
Frost said:
> a car is clearly committing insurance fraud and backed into the victim’s car.
What do you mean by that? Are they filling out insurance forms on camera?
Search for ‘car scam’ on YouTube, and you’ll see it. Obviously, the car isn’t filling out forms, but the people inside are definitely trying to pull a scam.
Honestly, the safest route is just to show the video and let people make up their own minds.
One more thing, there were four people in that car, and the driver is suspicious since they switched when the view was blocked. It’s possible only the driver was in on it, and the passengers didn’t know. If you name the wrong person, that could cause issues.
When Good Morning America showed the video, they blurred out the faces and license plate. They called it a scam, but didn’t name anyone, probably for the same reason—if no one is identified, they can’t claim defamation.