Submitting a false insurance claim could result in felony charges.
For some people, the idea of fudging an insurance claim may be all too tempting. After paying high insurance premiums for years, it might not seem like a big deal to claim that an old scratch or dent was caused by a current accident. But before you submit that claim, think twice — because committing insurance fraud is a crime in the state of California.
California makes it against the law to do any of the following things when it comes to your car insurance:
- Knowingly submit a fraudulent car insurance claim for a loss due to damage, destruction or theft of a vehicle;
- Knowingly present two or more car insurance claims for the same loss, with the intent to defraud;
- Damage, hide or abandon your vehicle on purpose, with the intent to collect car insurance proceeds for the vehicle;
- Knowingly prepare or present any written or oral statement as part of an insurance claim that contains false or misleading information, or falsely claim that you live in California on an application for car insurance; and/or
- Cause or participate in a car accident with the intent to fraudulent collect the car insurance proceeds.
Many forms of auto insurance fraud are felonies under California law, with the potential of up to five years imprisonment and fines of up to $50,000 or twice the amount of the fraud (whichever is greater). Some auto insurance fraud offenses may be charged as either misdemeanors or felonies, depending on the facts of the case, but they still carry potential jail sentences of up to one year and fines of up to $1,000.
The average Californian may not recognize just how seriously the state takes the crime of car insurance fraud. You may not consider the full impact of claiming a few extra scratches or dents in a claim that is going to be covered by your insurance company or another insurance company anyways, or of lying to an insurance adjuster about how an accident happened. Doing these things violates California law regarding car insurance fraud, and depending on how it is charged, could result in felony charges — and result in serious jail time.
An experienced California criminal defense lawyer can often prepare a strong defense to the charge of auto insurance fraud, based on the facts of your case and California law on auto insurance fraud. For example, if you did not know that the scratches were on your car before the accident, then you did not have an intent to defraud when you submitted them with your claim for the accident. There may be insufficient evidence to prove that you actually committed the crime of auto insurance fraud — that it was truly your intent to defraud the insurance company, rather than just making a mistake or an error in judgement. A skilled California criminal defense lawyer will use his knowledge of the law to make these arguments, and will work towards a reduction or dismissal of the charges to achieve the best possible outcome.
If you have been charged with auto insurance fraud in California, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com. We offer free initial consultations, where we explain your legal rights and your options for moving forward. We will work hard to defend you, and will stand by your side throughout the process. Don’t hesitate to call us!
