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Car insurance fraud is a criminal offense that often gets less attention than its counterparts because it is particularly difficult to prove. However, if you were accused of purposely deceiving your auto insurance company, you should not underestimate the severity of your charges.
State prosecutors take these crimes seriously and will put the government’s resources to work in an attempt to convict you. An Omaha car insurance fraud lawyer can inform you of what is at stake and help you fight back. Reach out to a dedicated fraud attorney as soon as possible to begin building your defense.
Common Types of Car Insurance Fraud in Omaha
There are many different types of car insurance fraud. These acts could involve attempting to obtain a lower monthly premium or a payout on a falsified claim. Some of the most common criminal acts include vehicle dumping, falsifying an application, and exaggerating repair costs.
Vehicle Dumping
Individuals intending to obtain a fraudulent insurance payout for their vehicle often attempt to dispose of it themselves. This could include leaving the car somewhere and claiming it was stolen or destroying the vehicle and alleging you were in an accident.
Falsified Application
A person could face fraud charges after providing falsified information on his or her car insurance application. This could include anything from lying about one’s driving record or listing a fake age.
Exaggerated Repair Costs
Not all fraud is related to the motorist’s actions. A repair shop could be responsible for car insurance fraud if it inflated the repair costs or used inadequate parts. An Omaha attorney familiar with car insurance fraud cases can help you craft a defense specific to your charges.
Defending Auto Insurance Fraud Allegations
Every criminal offense has potentially effective defenses, and car insurance fraud is no exception. One of the most important things to note about these offenses is that they are crimes of intent.
This means that a criminal act only occurs when a person intends to defraud another person or entity. If you filed your insurance claim in good faith, you have not committed fraud, even if the claim was ultimately inappropriate.
The Burden of Proof is on the Prosecution
In auto insurance fraud cases, the government has the duty to prove beyond a reasonable doubt that the defendant has violated the law. If the prosecutors cannot show the intent to defraud, they cannot convict you. Consequently, highlighting the lack of evidence is often the strongest defense in a car insurance fraud case.
Finding the right defense is not simple. It can require extensive research and a deep understanding of state and case law. Providing your lawyer with all relevant information about the case can improve your chances of successfully defending yourself against your auto insurance fraud charges.
Discuss Your Case with an Omaha Car Insurance Fraud Attorney Today
Allegations of car insurance fraud can have serious consequences. If you have been arrested on fraud charges, attempting to defend yourself can be risky. The state will not hesitate to use all of its resources against you, putting you at a steep disadvantage. An Omaha car insurance fraud lawyer can help you even the odds. Call Berry Law right away for a confidential consultation.