Isn’t it a case of word agains word unless there’s backing witnesses or a recording of the event?
Does the “victim” have to get injured? How badly?
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A lot to unpack here, but here’s an ELI5 answer that will serve for most US jurisdictions.
Most, if not all, states require drivers to carry auto insurance that provides insurance coverage for bodily injuries caused by the driver’s negligence. In other words, if you accidentally hurt someone because of a car accident, your insurance company will compensate them for their injuries.
It’s very common, even when there is no scammer involved, for the insurance company and the person who was injured to disagree about who was at fault for the accident, and/or about how much the injured person should be paid. In those cases, there is usually a lawsuit and a judge decides after hearing evidence.
A “scammer” would usually refer to someone who intentionally subjects themselves to a car accident (for example, by stepping in front of a car or by slamming on the brakes to induce a rear-end accident) in order to get money out of an insurance provider. This is obviously a very stupid, desperate thing to do. That person would then make an insurance claim and/or file a lawsuit against the driver.
It’s very common for there to be no witnesses to an accident other than the parties to a case, and judges often have to decide cases based on their testimony alone (maybe with the benefit of some pictures). Anyone seeking damages for injuries will have to allege that they have injuries, yes. They usually “prove” those injuries with evidence of having received medical treatment–medical bills, medical records, etc.
All litigation is complicated and there’s a lot that goes into this stuff, but that’s the gist of it.
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