Insurance fraud is committed when a person deceives an insurance company by filing a false claim. In doing so, the person who files the claim does so in order to collect money under false pretense, constituting insurance fraud for the simple fact that the person filing the claim is not rightfully entitled to the money. Put bluntly, insurance fraud is when one party lies to an insurance company for the sole purpose of being awarded money that should not have been awarded in the first place.
California Penal Code 550 states:
(a) It is unlawful to do any of the following or to aid, abet, solicit, or conspire with any person to do any of the following:
(1) Knowingly present or cause to be presented any false or fraudulent claim for the payment of a loss or injury, including payment of a loss or injury under a contract of insurance
(2) Knowingly present multiple claims for the same loss or injury, including presentation of multiple claims to more than one insurer, with the intent to defraud
(3) Knowingly cause or participate in a vehicular collision, or any other vehicular accident, for the purpose of presenting any false or fraudulent claim
(4) Knowingly present a false or fraudulent claim for the payments of a loss for theft, destruction, damage, or conversion of a motor vehicle, a motor vehicle part, or contents of a motor vehicle
(5) Knowingly prepare, make, or subscribe any writing, with the intent to present or use it, or to allow it to be presented, in support of any false or fraudulent claim
(6) Knowingly make or cause to be made any false or fraudulent claim for payment of a health care benefit
(7) Knowingly submit a claim for a health care benefit that was not used by, or on behalf of, the claimant
(8) Knowingly present multiple claims for payment of the same health care benefit with the intent to defraud
(9) Knowingly present for payment any undercharges for health care benefits on behalf of a specific claimant unless any known overcharges for health care benefits for that claimant are presented for reconciliation at that same time
There are a variety of forms of insurance fraud, and proving that a person is guilty of any one of them can often be difficult. The Law Offices of Lawrence Wolf are experienced in handling cases involving insurance fraud in California, and are prepared to examine every detail of your case during a free consultation. Please call our knowledgeable lawyers today, and we will uphold your rights in every way that they should be.
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