Thursday, February 21, 2013

Auto Insurance Fraud and Consequences

By Leigh Jackson


Defrauding your auto insurance company may seem like an easy way to profit from an accident. Just a little white lie on your claim can mean a bigger payday for you. But any type of lie on your insurance claim is considered insurance fraud, an increasingly serious problem in the United States with serious consequences for criminals who try and get away with it.

What is Considered Insurance Fraud?

Insurance fraud happens when people fake or over-exaggerate injuries or damage that takes place in the event of an accident. Insurance fraud also includes people who stage car thefts or who plan accidents in order to file a claim and get insurance money. Any false claim or act of trickery that leads to a claim is classified as insurance fraud.

Soft and Hard Insurance Fraud

Soft insurance fraud. Soft auto insurance fraud is a more minor offense than hard fraud. Soft fraud means being opportunistic, taking advantage of a situation which has already occurred. If, for example, a person was legitimately injured in a collision but pretended that the injuries received were worse and more painful than they actually were, and received additional monies because of it, that would be soft fraud. Soft fraud is the most common form of insurance fraud because it is very easy to commit and difficult to detect. Especially in cases where neck and back injuries are involved, it is often difficult to determine the true extent of the damage. Because of this, policy holders often exaggerate their pain or disabilities to receive extra compensation.

Another type of insurance fraud that occurs is hard insurance fraud. In a hard insurance fraud case a person might stage a car theft collaborate with someone else to plan an accidental collision in order to set up a situation where insurance companies get involved to pay for the damages.

There are different laws in different states with regard to insurance fraud and penalties. Because of this, fines and criminal convictions vary depending on where you live. Penalties include a misdemeanor or felony charges and penalties can include fines or jail time.

Most car insurance fraud convictions are misdemeanors and for what is generally termed "soft" fraud. These usually mean some form of exaggeration on the claim, or a lie on the insurance application. With applications, lies can vary from where the car is stored (on the street instead of a garage), using someone else's name to purchase insurance, lying about driving convictions or the seriousness of injuries in a minor crash.

When someone who commits insurance fraud is caught and convicted the result is generally a misdemeanor conviction and the consequences range from a fine, probation or loss of drivers license to jail time. Fines for misdemeanors don't exceed $15,000, but this amount can far exceed the amount a criminal attempts to defraud his insurance company for.

In recent years insurance companies have stepped up efforts to investigate fraudulent insurance claims. Companies now have specialized teams of insurance fraud investigators with law enforcement backgrounds that can resolve fraud issues much more quickly than before. This has lead to a significant decrease of payouts from fraud claims.




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