Insurance fraud is a serious matter that often arises when insurance companies are faced with the prospect of paying out money. It's a situation they take very seriously, especially when they suspect an attempt to deceive them and claim money for an illegitimate accident or claim.

The best way to explain this is to give examples. I've had clients intentionally cause somebody to either destroy their vehicle by fire or steal it and destroy it so that they could collect the insurance money on it. See California Penal Code 548 PC—damaging or abandoning a vehicle and CALCRIM 2004 jury instructions—the destruction of insured property.

They often get into trouble when they provide an account of what happened, and the insurance company can confirm that part of their account is simply not accurate.

If it's a serious enough part of the account, they will send it to their insurance fraud investigators, who will take statements and conduct an investigation. Many of these individuals are former police officers, so they are well-equipped to investigate insurance fraud claims.

The umbrella for an insurance fraud claim is vast, leading to numerous investigations and charges.  Over the last 25 years, I've navigated through the complexities of hundreds of these cases, each presenting unique challenges and legal intricacies.

What it boils down to is that the insurance company is always looking for a way to avoid paying money. One way to prevent this is to claim that there is some fraud occurring, investigate it, and then, if they can prove that the person is attempting to cheat them, they can avoid paying out the claim.

Statement Under Penalty of Perjury

Often, they'll also take a statement from a person under penalty of perjury. They'll record the statement, and then if they can find that any part of it is not true, they have a strong argument and angle to undermine the credibility of the person giving the statement.

They'll either turn it over to the authorities, refuse to pay the claim, or both.  Then, it will be the person's responsibility to try to prove that their claim is not fraudulent. These are complex cases because they'll get the prosecutors involved, and the prosecutors take over, and now you can't make any statements.  You have to do everything through your attorney; otherwise, you might incriminate yourself related to the subject insurance fraud case.

When you find yourself under investigation for insurance fraud, it's crucial to seek legal assistance without delay. There are often preemptive measures we can take to prevent further entanglement in the fraudulent claim. In some instances, we may even be able to avert a fraudulent claim by taking strategic actions or advising you to avoid actions that could increase your legal jeopardy. 

The umbrella of insurance fraud is vast, and I've represented clients in various areas. Still, to boil it down to a nutshell, whenever an insurance company has to pay out money for something, it has multiple ways to figure out how to avoid it. Either they try to lowball you on the claim, or they try to claim that you're committing insurance fraud.

Retain a Defense Lawyer to Negotiate With the Prosecutor

You're going to need to protect yourself and defend yourself, especially if they get the police involved, because the police have a lot more authority and power than you do. Also, prosecutors in criminal cases have the most power over anybody, so you want to make sure that you have somebody to match them and challenge them if you're charged with any insurance fraud.

You're insured whether it has to do with a vehicle or any other type of insurance claim. With an insurance company motivated by profit, they're unlikely to be very fair and equitable when dispensing compensation.

When you're accused of insurance fraud, it's crucial to have a robust defense on your side. Whether you're innocent or have made a mistake, you need an attorney to challenge and defend you throughout the process.  This defense is not just against the criminal prosecutors but also against the insurance company, which may be seeking to avoid paying a legitimate claim.

The potential penalties for insurance fraud are severe, including a felony on your record and up to three years in prison. Additionally, you're required to reimburse any money that the insurance company is out of pocket. These consequences underscore the gravity of insurance fraud and the crucial need for legal defense.

How to Defend an Insurance Fraud Case?

Insurance fraud is a common crime that I frequently see charged.  To defend it, the prosecutors will have to prove that you obtained money from an insurance company through fraudulent activity. 

So, the way to defend it would be to prove that you did not commit fraud – that the insurance company is wrong and they simply don't want to pay the money they should have paid, or perhaps you made a mistake. That would be another way to defend it – that you didn't have the requisite intent to defraud the insurance company out of the money.

So, those are the two primary defenses.  Also, you have to realize that the prosecutors may have evidence against you.  If they do, another way to defend the case would be to have your attorney mitigate it for you and attempt to secure a resolution that keeps you out of custody, potentially allowing you to avoid a conviction and earn a misdemeanor in the future. So, that would be a form of defending the case.

Review of the Case Details

With over 30 years of experience in handling insurance fraud cases, I've been defending individuals like you since the early 1990s. You can trust that I have the knowledge and expertise to guide you through this challenging legal process.

What I would like you to do is come into the office.  We go over the facts and circumstances of the case. We get a game plan together on exactly how we're going to defend you:

• whether we're going to investigate the case and mount a defense for a potential jury trial or
• whether we will mitigate the case – give the prosecutor character letters and try to show them all the good things about you to prevent a prison sentence and a straight felony that you can never get off your record.

If you're in need of the best legal representation, you've come to the right place.   Please pick up the phone and ask for a meeting with Ron Hedding.  Let me put my 30 years of experience handling these cases to work for you. Remember, when facing accusations of insurance fraud, the most important step you can take is to seek legal assistance. 

Let's go over the details of the case. Then, let's see if they can prove that you committed insurance fraud – and see if any motions can be filed to help your case, either to reduce the charges or dismiss them altogether.