Client A received a complaint from the court one day, which stated that the client was complicit in insurance fraud and illegally received insurance money. The client had been involved in a traffic accident while in a driver’s car sent by an acquaintance a few years ago, and it was later revealed that the driver at that time was one of the insurance scammers. Accordingly, the insurance company requested the return of the insurance money paid to the fraudulent group. However, the company also requested the client to return the insurance money, considering the client as an accomplice in the crime. In order to prove innocence, the client requested legal assistance from Cha & Kwon Law Offices.

Our firm argued that there was no ground to believe that the client had colluded with the insurance fraud group and that the claim for the return of insurance money against the client was unreasonable unless the insurance company proved the collusion. Upon confirming our argument, the insurance company desired to withdraw the lawsuit against our client. Yet, as we deemed establishing a court decision confirming the client’s innocence to be essential to prevent any possible lawsuits against the client in the future regarding the insurance fraud case, we advised the client to proceed with the lawsuit. As a result, we have successfully proved our client’s innocence, preventing any further lawsuits regarding this matter against the client.

The person filing a lawsuit has the burden to prove the facts of the claim, and if the claim cannot be proven, the lawsuit shall be dismissed. However, at times, claiming that the facts with a burden of proof have not been successfully proven can be a major strategy in litigation. Our firm pointed out that the insurance company failed to fulfill its burden of proof in this case as well, and we were able to win the case without having our client prove every bit of the client’s past actions at the time of the car accident. Consult with Cha & Kwon Law Offices to maximize the chance of securing satisfying case results through strategic analysis of cases from various perspectives.