Insurance fraud comes with many facets. Providing inaccurate information on policy documents, failing to report material changes of circumstances, making exaggerated claims or entirely false claims can all qualify as being the offence of insurance fraud.
Have you been arrested or charged for Insurance Fraud?
If you or somebody you care about has been charged or arrested in connection to an insurance fraud case, you’re mostly likely feeling very worried.
In some instances, a person will have been accused of playing a part, but in reality they have had no involvement whatsoever. In situations like this, it’s crucial that you get your name cleared.
To help you understand more about what might happen in an insurance fraud case, we have collected the most commonly asked questions. We aim to help you by providing some guidance and support as you go through this challenging situation.
If you have a question, and you cannot find the answer here, get in touch with us and we will do what we can to give you the information that you need.
What type of actions are considered Insurance Fraud?
Here are some examples of insurance fraud that may have even led to the situation that you or your loved one are now in.
Providing inaccurate information on policy documents – for instance, you may have told an insurance company that you are a UK resident in order to benefit from a better insurance premium, but in reality, you are not. Alternatively, you have told an insurance company that you have more contents in your home than you do, knowing that you’re going to use this to your advantage by putting in a fake claim.
Failing to report material changes of circumstances – for example, you may have moved to a new house that is a higher risk postal code address, but you have failed to tell your car insurance company as you know the premium that you will need to pay is higher each month.
Making exaggerated claims or entirely false claims – an example of this might be telling your home insurance company that more was stolen from you than you possessed in reality.
Staging a fake burglary – to generate a payment from a person’s contents insurance.
Insurance fraud goes beyond car insurance fraud and home insurance fraud. There is also holiday insurance fraud, pet insurance fraud, valuables insurance fraud and commercial insurance fraud.
In addition, there are, of course, many other situations that can be described as insurance fraud. If you need to know more about what these are, or if you want to know if a crime that you’ve been accused of is classified as insurance fraud, you can contact us for further information.
What happens in an Insurance Fraud investigation?
If an insurance company suspects that you’ve defrauded them, they will begin an investigation into the situation. They are likely to ask you a lot of personal questions and may wish to speak to your friends and family.
The insurance company will usually instruct a fraud investigator who will collect evidence and whose role will be to find any evidence to blame you and avoid the insurance paying any money. The fraud investigator will collect evidence such as audio recordings, transcripts, photographic evidence, video and expert reports.
Being at the centre of an investigation into insurance fraud is likely to make you feel stressed and worried. If you have dependents, you’ll be concerned about being given a prison sentence and what will happen to your family without you there to provide and care for them.
You’ll feel as though your entire world is upside down and unstable, will you be able to support your dependents.
Every insurance fraud case is different; whatever your situation is, it’s essential that you speak with an experienced insurance fraud solicitor. They will be able to give you the legal help and guidance that you need to get the best possible outcome.
In some circumstances, a good fraud lawyer may even be able to get your case dismissed.
You may have been falsely accused of insurance fraud
Some of our clients are wrongly accused of being involved in insurance fraud. In some cases, it may involve being accused of deliberately causing damage in order to claim on insurance.
It’s crucial that you take the legal counsel of a fraud solicitor as early as possible in the case. A competent and skilful fraud solicitor may even be able to stop the investigation or secure vital evidence which will force the investigators hand. The outcome will be that you can get back to your life and enjoy it as you were before being falsely accused of a crime you didn’t do.
Occasionally, the investigators will involve you as part of a throwing mud exercise. Their goal is to find out if any of the mud sticks. However, a good solicitor will be able to protect you against that.
Without a lawyer, you cannot find out more until the interview
We advise anybody who is accused of insurance fraud not to attend any meetings without taking a fraud solicitor along with you. Your insurance company or the police may hold the interview.
If you are arrested, it’s quite likely that information about why you have been arrested, are being accused or investigated will be held from you. Therefore, it’s vital to engage fraud solicitors as quickly as possible. Insurance fraud solicitors can gain access to this information and begin to craft a defence for you immediately.
The police are likely to get permission to be able to access all areas of your life. This will include your phone records, your social media accounts and access to your devices. They will search through your WhatsApp, your emails and any messages you have.
Instruct a legal professional as soon as possible
We recommend that you do not, under any circumstances, attend any police interview without being supported by a proficient fraud solicitor.
Police officers have been trained to ask the most probing and intrusive questions. You may be shown evidence that the police want to use to prove their case against you. The interview is likely to be high pressure and potentially upsetting. They may use tactics designed to have you trap yourself with your answers.
A fraud solicitor will advise you and guide you so that you put yourself into a position for the best possible outcome.
What should you do if you get arrested or charged with insurance fraud?
Your first step should be to engage the help of an experienced fraud solicitor. They will give you the support you need to be able to get through the case and potential court appearance.
Insurance fraud is an area of law that most people aren’t thoroughly familiar with. We don’t recommend that you represent yourself, although you aren’t obligated to engage a lawyer. With the speed at which laws change in England & Wales, it’s crucial to be continually on top of them; they are hard to comprehend.
The best defence strategy in insurance fraud is to examine all the evidence, including witness statements plus any recorded visual proof such as video or photography.
Can the police search my home?
The investigators are likely to request a search warrant from a judge or a magistrate. They are then at liberty to search your home, and potentially your vehicle and workplace for evidence. They will also access phone records, images, bank statements (if relevant) and your social media accounts (if applicable).
What type of sentence could you get for Insurance Fraud?
An insurance fraud case can lead to a prison sentence if you are found guilty and convicted.
Could you go to prison for Insurance Fraud?
In recent years, personal injury claims have skyrocketed. All of us have seen television commercials with different legal companies offering to help us make claims after we’ve been involved in an accident. The insurance companies have had to pay out a significant amount of money. They are now very clued up about how to protect themselves.
If your insurance fraud case goes to court, and you are found guilty and convicted, there will quite likely be a prison sentence handed to you.
Does a conviction for insurance fraud go on your criminal record?
If your insurance fraud case progresses to court, and you are convicted, your conviction will be noted on your CRB / police record. The period of the endorsement will depend on the nature and length of your sentence.
How Can Stuart Miller Solicitors Help?
The fraud lawyers at Stuart Miller Solicitors have recognised success in defending insurance fraud cases. Our fraud cases section will demonstrate the recent achievements we have had in ‘cash for crash’ cases.
The phenomenal complexity of the small print in policy documents together with heavily trained investigation teams pursuing you, require you to have the shield of expert fraud solicitors on your side. Whether you are a business owner with professional indemnity insurance, employer’s liability insurance, landlord insurance or occupier’s liability insurance; or you are an individual with motor insurance, household insurance, travel insurance or life insurance; Stuart Miller Solicitors’ leading fraud lawyers have the expertise and skill to mount the best possible defence for you.
Recent trends for Insurance Fraud prosecutions
Payment Protection Insurance (PPI) fraud and Motor Insurance fraud (cash for crash) in particular, have come under thunderous scrutiny recently. In many cases, innocent and legitimate persons running companies or lodging rightful claims have suffered investigations, leading to unsuccessful prosecutions. Insurers are treating the most minor of signs as suspicious and refusing to settle claims, choosing instead to report matters for prosecution.
Stuart Miller Solicitors have successfully defended those accused of running accident management companies and arranging staged accidents, or those alleged to be drivers and passengers of staged accidents. Our understanding of these prosecutions is vast and our ability to identify flaws in the prosecution case is second to none. See our notable cases for further details of our achievements.
How our Fraud Solicitors can help
Our fraud solicitors are not only high-calibre legal minds but also exceptional people. We understand the psychological and emotional trauma such an investigation presents and the toll it has on your family life and work life. We are prepared for all twists and turns you are likely to endure, and we will guide you every step of the way.
We have access to the best barristers, insurance loss adjusters, road traffic accident experts, forensic scientists, valuation experts, accountants and other specialist investigators; who will all come together to achieve the best possible result for you.
Would you like to discuss your case before instructing us?
If you’d like to have a no obligation chat with us before you instruct us to take your case, then contact us today.
Please contact our fraud solicitors to arrange your meeting, whether face to face, online or by telephone. If you prefer, you can also send us a WhatsApp message using the link on this page.
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