INSURANCE FRAUD CHARGES IN PENNSYLVANIA

State and local authorities are investigating and cracking down on instances of Insurance Fraud in Pennsylvania. If you are charged with or under investigation for insurance fraud, you should immediately hire a Pittsburgh criminal defense lawyer with experience prosecuting and defending insurance fraud cases. This article is designed to summarize the most common types of insurance fraud charges in Pennsylvania.

COMMON FELONY INSURANCE FRAUD OFFENSES

Pennsylvania’s Insurance Fraud statute is found at Title 18 Section 4117 of the Pennsylvania Crimes Code. Offenses found under Section 4117(a) are graded as 3rd Degree Felonies punishable by a maximum of up to 7 years in jail. For a complete listing of felony insurance fraud charges, you should review Section 4117(a) of the crimes code. The most common felony insurance fraud allegations involve scenarios where a person does one of the following:

  • Makes a Claim Containing False, Incomplete or Misleading Information to Defraud Insurance Company: Knowingly and with the intent to defraud any insurer or self-insured, presents or causes to be presented to any insurer or self-insured any statement forming a part of, or in support of, a claim that contains any false, incomplete or misleading information concerning any fact or thing material to the claim.

  • Assisting or Conspiring with Another to Provide False, Incomplete or Misleading Information to Defraud Insurance Company: Knowingly and with the intent to defraud any insurer or self-insured, assists, abets, solicits or conspires with another to prepare or make any statement that is intended to be presented to any insurer or self-insured in connection with, or in support of, a claim that contains any false, incomplete or misleading information concerning any fact or thing material to the claim, including information which documents or supports an amount claimed in excess of the actual loss sustained by the claimant.

  • Knowingly Benefit From Proceeds of False Insurance Claim: Knowingly benefits, directly or indirectly, from the proceeds derived from a violation of this section due to the assistance, conspiracy or urging of any person;

COMMON MISDEMEANOR INSURANCE FRAUD OFFENSES

Offenses found under Section 4117(b) are graded as 1st Degree Misdemeanors punishable by a maximum of up to 5 years in jail. The most common misdemeanor insurance fraud is as follows:

  • False Insurance Applications: A person may not knowingly and with intent to defraud any insurance company, self-insured or other person file an application for insurance containing any false information or conceal for the purpose of misleading information concerning any fact material thereto.

WHY AM I BEING CHARGED WITH INSURANCE FRAUD?

The most common scenarios where individuals are charged with felony and misdemeanor insurance fraud offenses include filing false insurance claims, or applying for a new insurance policy after an accident or loss occurs while failing to disclose the accident during the application process.

The Zuckerman Law Firm has represented those accused of committing the following types of insurance fraud violations:

  • Applying for a renter’s insurance policy and filing a claimed loss for damages that occurred before the policy was in effect;

  • Applying for auto insurance after an accident occurred, failing to disclose the accident to the insurance company during the application process and claiming that the accident occurred after the new policy went into effect;

  • Repeatedly filing claims of lost, damaged or stolen jewelry or belongings on a personal articles insurance policy;

  • Individuals involved in past auto accidents with property damage who change insurance companies and file damage claims claiming that damage occurred during a new accident;

  • Writing or submitting fake prescriptions and having one’s health insurance pay the medication costs.

WHAT OPTIONS MAY BE AVAILABLE IN MY INSURANCE FRAUD CASE?

Insurance fraud is a very serious crime in Pennsylvania. If you are charged with or under investigation for insurance fraud in Pennsylvania, it is important to retain a criminal defense attorney with experience in defending these types of cases.

The Zuckerman Law firm has represented those accused of insurance fraud for alleged fraud in the submission of claims and applications for auto, homeowners, renters, health, and personal articles insurance policies.

Being accused of insurance fraud does not have to end in conviction. Every case is fact specific, but the Zuckerman Law Firm has successfully negotiated restitution and civil payment agreements on a wide array of insurance fraud cases. Other potential options include the ARD program for first-time offenders or probation in lieu of jail time.

For a free consultation, please call the Zuckerman Law Firm now at 412-447-5580.