Auto Insurance Fraud Penal Code 548 to 551
Auto insurance fraud generally involves a defendant who knowingly false statement(s) related to a car that was made with the intent to receive the insurance payment. California Penal Code Sections 548, 549, 550, and 551 make it unlawful to file a fraudulent claim with an auto insurance company.
Common Types of Auto Insurance Fraud
Common types of automobile insurance fraud generally involve the following situations:
- Knowingly present a false statement(s) to an insurance company regarding an auto-related incident;
- Making a false claim to an insurance company regarding an auto-related incident including damage or theft of an insured vehicle;
- Making two or more insurance claims for the same loss;
- Damaging a vehicle with the intent to collect insurance payments;
- Participate or create an accident to obtain insurance payments; or
- Knowingly presenting or preparing part of an insurance claim that contains false or misleading information in a written or oral statement.
Penalties for Auto Insurance Fraud Conviction
The penalties for auto insurance fraud depends on what aspect of the crime you committed.
Auto Insurance Fraud Penalties: Making a Fraudulent Claim or Multiple Claims
Submitting a fraudulent auto insurance claim and submitting multiple claims are both felonies in California. The potential penalties for making fraudulent or multiple auto insurance claims include:
- Felony probation,
- Two, three, or five years in county jail, and/or
- A fine up to $50,000 or double the amount of the fraud, whichever is greater.
Auto Insurance Fraud Penalties: Making False Statements
Making false statements for an auto insurance claim is a wobbler offense, as such, you can be convicted as either a misdemeanor or a felony. Factors that the court will consider are the facts that surround the incident and a defendant’s criminal history. If it charged as a felony the penalties are the same as filing a fraudulent claim. If it is charged as a misdemeanor the potential penalties include:
- Misdemeanor probation,
- Up to one year in county jail, and/or
- A maximum fine of $10,000.
Auto Insurance Fraud Penalties: Damaging, Destroying, or Hiding Vehicle
It is a felony in California to damage, destroy, or hide a vehicle with the intent to claim/collect insurance money. Penalties for such include:
- Felony probation,
- Two, three, or five years in county jail, and/or
- A maximum fine of $50,000.
Los Angeles Auto Insurance Fraud Defense Attorney
If you are facing or are under investigation a potential auto insurance fraud charge, we invite you to contact our Los Angeles auto insurance fraud defense attorney to discuss your case for free today at (213) 248-6784.