Automobile Insurance Fraud

Definition of the Crime and Essential Elements

In order to be found guilty of committing automobile insurance fraud, the State must prove the following elements beyond a reasonable doubt:

1. The accused knowingly, willfully and intentionally collected on automobile insurance.
2. The accused knew that he or she had no legal basis to do so.
3. The accused presented to the insurance company a statement that concealed or omitted facts, or that contains false or misleading information.
4. The accused assisted, abetted or conspired with another person to defraud the insurance company.

Related Offenses

Other similar or related offenses include:

1. Bad Checks More Than $650 – NRS 205.130
2. Casino Markers – NRS 205.130
3. Credit Card Fraud – NRS 205.760
4. Bad Checks Less Than $650 – NRS 205.130
5. Gaming Fraud – NRS 465.070

Examples

F’s car is stolen from the Fashion Show Mall. She contacts her insurance company to begin processing a claim. However, she states that there are more valuables in her car than there really were, such as an expensive purse and a diamond necklace. If the insurance company finds out that F lied about these items being in her car at the time they were stolen, then she could be charged with automobile insurance fraud.

Defenses to Automobile Insurance Fraud

Defenses to charges ultimately depend on the circumstances of the case, and what evidence is available. Common defenses to fight this allegation may argue that the accused had no intent to defraud, and that the police conducted an illegal search. However, every criminal allegation is different and the situation you are in may have a different applicable defense.

In order to prove that a person committed auto insurance fraud, the State must prove that the defendant had the intent to defraud the insurance company. If the accused simply made an honest mistake, or was misunderstood when dealing with their insurance carrier, then the prosecution cannot prove beyond a reasonable doubt that the defendant had any intent to defraud the insurance company. As a result, the charges must be dismissed.

Further, any evidence that the police obtained through an illegal search and seizure must be thrown out. This is done by filing a Motion to Suppress, which argues that the police committed an unlawful search and violated a person’s Constitutional rights. If the Judge agrees, then any evidence that was found in the search must be thrown out and will not be allowed to be used in court. This may result with the prosecutors not having enough evidence to prove the case beyond a reasonable doubt. It may mean that the case will be dismissed.

Potential Penalty for Automobile Insurance Fraud

Committing auto insurance fraud in Nevada is a Category D Felony. This means that if convicted of this crime, the accused faces one to four years in the Nevada Department of Corrections, a fine of up to $5,000, court fees, and reimbursement costs to Nevada for the investigation and prosecution of the case.

Criminal Defense for Automobile Insurance Fraud

When a person is charged with automobile insurance fraud that means the prosecutor for the State of Nevada has alleged that they committed a felony offense. With a felony conviction, a person will not be able to vote, own a gun and it may make finding a job difficult. A felony allegation also has a large impact on the loved ones of the accused. It is so important to get in contact with an experienced criminal defense attorney as soon as possible. Josh Tomsheck is a criminal defense attorney with over ten years of legal experience. He is also a certified specialist in criminal trial law, one of only two such lawyers in Nevada. One of the most important things you can do if you believe you are being investigated or charged with Automobile Insurance Fraud is to quickly contact a Las Vegas Automobile Insurance Fraud lawyer, someone who understands this unique area of law and can protect both you and your rights. Many times insurance companies and law enforcement get it wrong in their investigation and unfortunately, not having a knowledgeable Las Vegas Criminal lawyer who knows the intricacies of Automobile Insurance Fraud can have dire consequences. Attorney Josh Tomsheck is a specialist who can help defend you against these serious allegations and keep you out of jail and a conviction off your record.

For more information about the charge and defense of automobile insurance fraud in Las Vegas, call the law firm of Hofland & Tomsheck right away to schedule your free consultation. (702) 895-6760.