What is considered Insurance Fraud in San Diego?
In the state of California, including San Diego County, insurance fraud is typically defined as filing an insurance claim—be it auto, life, health, property, or any other kind of insurance—with intent to mislead or falsify the information therein in order to obtain some kind of benefit from the insurance company as a result.
Insurance fraud laws in San Diego, and throughout California are generally broad, and can include a wide range of fraudulent behavior and activity. Some examples of insurance fraud include:
- Exaggerating damage on property or a vehicle
- Fabricating injuries as a result of an accident
- Faking an auto accident for insurance benefits or for a vehicle replacement
- Making inaccurate, false, or trumped up health insurance or disability claims
- Staging a theft of an automobile, property, or otherwise
- Staging an auto accident to receive insurance benefits of any kind
Indeed, per California Penal Code 548, it is considered a felony to “injure, destroy, hide, abandon, or dispose” of property that is insured against loss, damage, theft, or otherwise, with intent to garner benefits from an insurer under unlawful and false pretenses.
Penalties and Punishment for Defrauding an Insurance Provider in San Diego
According to California Penal Code 548, being convicted of insurance fraud in California is punishable by:
- A fine of up to $50,000
- Up to 2 to 5 years in state prison
- Up to two additional years per sentence if you have been previously convicted of certain types of insurance fraud
Soliciting or Referring for Insurance Fraud Defense in San Diego
In San Diego, soliciting or referring for insurance fraud means that you or your business were knowledgeable of a customer/client or employee’s intent to defraud an insurance company and you were either compliant, referred business to or from, solicited, or accepted business from the defrauding party.
Punishment for this crime might include:
- Up to a 1 year in a county jail
- Up to 16 months to 3 years in state prison
- If you have previously been convicted of insurance fraud, your sentence may be enhanced to include a state prison sentence for a maximum of 3 years
Criminal Defense of Insurance Fraud in San Diego, California
In San Diego, it is considered a felony to knowingly and intentionally submit a falsified insurance claim to an insurance provider with an attempt to collect benefits. Any of the following might constitute a fraudulent claim:
- Creating and submitting false documentation in support of a false claim
- Either causing or participating in a staged accident or injury in order to file a false claim
- Failing to disclose or purposefully conceal information that affects an insurance claim
- Making a false claim in order to qualify for insurance or to qualify for insurance at a reduced rate
- Presenting a fraudulent health insurance claim
- Submitting a falsified claim for damaged property or a damaged vehicle
- Submitting a falsified claim for stolen property or a stolen vehicle
- Submitting multiple insurance claims for the same loss, injury, or accident
If you or are loved one have been charged with committing insurance fraud of any kind—either for filing a false claim, being complicit in a false claim, or both—the best way to protect your legal rights and interests is to secure a respected and experienced insurance fraud defense lawyer in San Diego.
With a successful track record and a detailed knowledge of complex fraud laws, Anna R. Yum is a former prosecutor, who now uses her experience to fight for your rights, prove your innocence, and/or negotiate the best possible outcome for you, if you’ve been charged and found guilty of insurance fraud in San Diego County.
To schedule a free, no strings attached consultation with an award winning criminal defense attorney in San Diego, contact the Law Offices of Anna R. Yum today.