Engaging in personal injury fraud in Florida has serious ramifications. You can face personal injury fraud charges if you provide false information while filing a claim. Fraud mainly involves acts intended to deceive the insurance company and make it pay for exaggerated or non-existent injuries. It is fraudulent to seek compensation for injuries or damages unrelated to an accident covered by the insurance policy.
It is important to note that you do not have to make a false representation or lie to be guilty of personal injury fraud. You can commit fraud by failing to disclose important information and facts to the insurer. For instance, if you notify your insurer of an accident, but you withhold some information you have a legal duty to disclose, you could face fraud charges.
Fraudulent personal injury-related insurance claims fall under two major categories:
The alternative name for soft insurance fraud is opportunistic insurance fraud. It is the most common type of personal injury fraud. Soft insurance fraud involves exaggerating the severity of your injuries and filing inflated claims. It is an offense to claim losses above your actual damages. Soft personal injury fraud often occurs when people are filing legitimate claims. You can commit this fraud if you include previous injuries in your claim.
Also known as premeditated insurance fraud, hard insurance fraud occurs when a person invents a strategy to make an insurance claim. Hard insurance fraud involves engaging in deliberate action. You may commit hard insurance fraud if you stage arson or vehicle theft.
You could also face hard insurance fraud charges if you cause an accident deliberately. Law enforcement officers and insurance companies are vigilant in investigating and prosecuting hard personal injury fraud cases. This form of fraud is often punishable with severe civil and criminal penalties.
Personal injury fraud can occur in different situations and different contexts. Some of the typical ways of engaging in personal injury fraud are:
Committing personal injury fraud could trigger certain actions from the insurance company:
Filing a fraudulent personal injury claim in Florida may also attract felony or misdemeanor charges depending on the fraud’s severity. The majority of fraudulent, injury-related claims are misdemeanors under Florida law. For instance, you may face misdemeanor charges if you exaggerate your claim or misrepresent some facts.
If a fraudulent personal injury claim involves the destruction of property, you may face felony charges. Felony charges may apply if you stage an accident or destroy your vehicle through arson to make a claim. The potential penalties for a felony conviction are fines and jail time.
Some of the steps that you should take to shield yourself against personal injury fraud charges are:
For you to be guilty of personal injury fraud, you must have committed the crime intentionally. This means that you had a fraudulent intent when you committed the crime. You can fight personal injury fraud charges by stating that:
You may face personal injury fraud charges when you least expect. Insurance companies and the police are zealous in prosecuting this offense that they, at times, accuse innocent people of this fraud. At Fetterman & Associates, we will protect your rights and ensure you get fair compensation for your damages. Contact one of our personal injury attorneys for a free consultation.
Fetterman & Associates, PA is in compliance with the Americans with Disabilities Act (ADA) and all applicable website standards including WCAG 2.0. It does not discriminate on the basis of disability. If you have any issues observing the content of this website, please contact us. Upon request, reasonable accommodations will be made.