Lying to your insurance company is never a good idea, but it only amounts to fraud if you lied with the intent to defraud the insurance company. In general, if you lie to your insurance company to gain a benefit for you or someone else, your conduct amounts to insurance fraud. If you gave inaccurate or incorrect information to an insurance company because you were confused or you were mistaken, you lack the intent to defraud element of the crime.
A statement, in whole or in part, that would cause another to be deceived because it contains a misleading representation, withholds information, prevents the acquisition of information, or in any other way perpetuates a false impression is deceptive.
Defraud is to knowingly obtain, by deception, some benefit for oneself or another, or to knowingly cause, by deception, some detriment to another.
What are some elements of insurance Fraud?
The purpose to defraud or knowingly facilitating a fraud; present or cause to be presented a written or oral statement to an insurer relating to an application for insurance, a claim for an insurance payment, or a claim for any other insurance benefit knowing that any part of the statement is false or deceptive.
Or
With purpose to defraud or knowingly facilitating a fraud; assist, aid, abet, solicit, procure, or conspire with another to prepare or make a written or oral statement to an insurer relating to an application for insurance, a claim for insurance payment, or a claim for any other insurance benefit knowing that any part of the statement is false or deceptive.
Potential Sentencing and Fines
If the amount of the claim that is false or deceptive is less than $1,000, the violation is a 1st degree misdemeanor with up to potentially 6 months in jail and a fine of up to $1,000.
If the amount of the claim that is false or deceptive is between $1,000 and $7,500, the violation is a 5th degree felony with potentially 6 – 12 months in jail and a fine of up to $2,500.
If the amount of the claim that is false or deceptive is between $7,500 and $150,000, the violation is a 4th degree felony with potentially 6 – 18 months in prison and a fine of up to $5,000.
If the amount of the claim that is false or deceptive is greater than $150,000, the violation is a 3rd degree felony with potentially 9 – 36 months in prison and a fine of up to $10,000.
The Law Offices of Steven R. Adams will provide you with a variety of defenses that can be used to defend you against your charges.
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