Insurance Fraud Law
Insurance Fraud In South Carolina
Insurance fraud in SC involves an individual filing a false claim or claiming more than the actual amount. If you are found guilty, you will most likely be involved in a complicated legal battle with serious consequences. South Carolina’s Attorney General’s office states that over 10% of all auto, business, and home insurance claims are either fraudulent or inflated. The Attorney General’s website reveals the state loses $85-billion every year in fraudulent insurance claims. Over 33% of Americans believe that it is ‘all right’ to inflate insurance claims to compensate for the premiums paid in the previous years when they have made no claims in the past. Hence, fraudulent claims in insurance are quite prevalent in South Carolina.
What Establishes A Charge For Fraudulent Insurance Claims?
The prosecutors should prove beyond a reasonable doubt that each of the following elements was met for the defendant to found guilty of fraudulent insurance activities.
Knowingly Making A Misleading Or False Statement – The defendant should intentionally lie to the insurance company to establish a charge for fraudulent insurance claims. Simple not revealing the truth isn’t enough under such circumstances. The defendant should knowingly make a false statement to the company.
The Statement Made By The Defendant Should Be Important To The Insurance Payment Or Claim – In order to establish a charge for insurance fraud, the false statement given by the defendant should be important to the insurance claim or payment.
The Penalty For Insurance Fraud In SC
The penalty could vary depending on the amount of money involved in the fraud. It may also depend on whether it is your first or second offense. Here are the penalties involved:
First Offense –
• Less than $1,000 – Falls under misdemeanor and you will be fined $100 to $500 or up to 30 days in prison.
• Between $1,000-10,000 – Misdemeanor – Fined $2,000 to $10,000 and up to 3 years in prison.
• Between $10,000-50,000 – Felony – Fined $10,000 to $50,000 and up to 5 years in prison.
• $50,000 and more – Felony – Fined $20,000 to $100,000 and up to 10 years in prison.
Second Offense –
• Felony – $20,000 to $100,000 fined and up to 10 years in prison.
Insurance Fraud In Virginia
Fraudulent insurance activities consist of intentionally providing false information to the insurance company for the purpose of obtaining insurance benefits during the claim or payment stage. The penalties may vary depending on the value of the insurance benefit received by the defendant.
What Establishes A Charge, And What Are The Penalties Involved?
The defendant should intentionally and knowingly provide a false material statement to the insurance provider for an insurance claim or payment. If the benefit is $1,000 or more, it is treated as a felony. Such an offense is punishable by up to $10,000 in fines and up to 10 years in prison. If the benefit is under $1,000, it is treated as a misdemeanor and punishable by up to $2,500 in fines and up to 1 year in prison.
Make sure you hire a professional and experienced attorney to represent your case.