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Insurance Fraud Solicitors

If you have been accused of insurance fraud, it is important to seek legal advice from specialist insurance fraud solicitors, as soon as possible.

Being investigated for insurance fraud can be extremely stressful. It is vital that you get the support and advice you need, so you know what to expect and what action should be taken.

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Sentences for insurance fraud range from community service to more than 6 months in prison. In some instances, those convicted of insurance fraud may also receive a fine.

Complex issues

Insurance fraud law can be highly complex and having a professional who can guide you through the process and advise you at each stage, is invaluable.

What is insurance fraud?

Insurance fraud is any act which is committed with the intent of fraudulently obtaining money from an insurance provider. Put simply, insurance fraud involves a false claim being made to an insurer.

For example, someone may make a claim for an insurance payout which they are not entitled to.

Insurance fraud could also be committed when someone provides false information to an insurer, with the aim of obtaining insurance cover at a cheaper rate or on better terms.

What are examples of insurance fraud?

There are many different categories of insurance fraud. These include:

  • Home insurance fraud
  • Car insurance fraud
  • Commercial insurance fraud

Insurance fraud can be committed in a number of different ways, such as:

Making false claims – for example, someone may tell their home insurance company that a thief has stolen their bike, when in fact their bike was not stolen at all.

Making exaggerated claims – someone may inform their insurance company that their house had been burgled, but say that they had two televisions in the house when in fact, they only possessed one.

Providing inaccurate information on insurance policy documents – a person may lie about where they park their car on a car insurance policy (saying it is kept in a garage when not in use, when in fact it is parked on the street, for example), in order to benefit from a better insurance premium. Another example of insurance fraud of this kind is someone exaggerating their home contents, so that they can put in a claim for more money in the future.

Not reporting material changes of circumstances – for example, someone could not inform their holiday insurance company of a serious medical condition before travelling, knowing that they would have to pay a higher premium if they did

Arson – a person may start a fire at their home or business premises (or get someone else to do so), in order to claim on the insurance policy

Staged burglary – someone may stage a burglary in order to make a claim on their insurance policy

False damage claims – saying that a smartphone is damaged when it is not and making an insurance claim to this effect, could amount to insurance fraud

What is an insurance fraud investigation?

If an insurance provider suspects that someone has made a fraudulent claim, they will open up an insurance fraud investigation. Normally, a specialist fraud investigator will begin to gather evidence on the suspected insurance fraud. This could include videos, audio recordings (such as the suspect’s phone calls to the insurance provider) and expert reports.

As part of this investigation, you are likely to be asked many questions. The insurance provider may want to speak to your friends and family about the alleged insurance fraud, too.

If you are asked to attend an interview related to insurance fraud, we would highly recommend attending with an experienced insurance fraud solicitor. Whether your interview is taking place with the insurance provider or with the police, having an insurance fraud solicitor to guide you through the process can make a real difference to the outcome.

No two insurance fraud cases are the same. Insurance providers have substantial resources put aside for investigating potential instances of insurance fraud, which can make being accused of insurance fraud extremely daunting. Seeking legal advice from a solicitor experienced in insurance fraud law, as early on as possible in the process, can make a real difference to the outcome of your case.

What should I do if I am charged with insurance fraud?

Seek legal advice from a specialist insurance fraud solicitor, if you have not done so already. Your solicitor will be able to examine all of the evidence and begin to build a robust defence for you right away.

Insurance fraud law can be highly complex and having a professional who can guide you through the process and advise you at each stage, is invaluable.

What is the sentence for insurance fraud?

Being convicted of insurance fraud can result in a prison sentence.

Sentences for insurance fraud range from community service to more than 6 months in prison. In some instances, those convicted of insurance fraud may also receive a fine.

If you are convicted of insurance fraud and you were managing a group of people whose aim was to fraudulently take money from insurance providers, you could be given a longer sentence.

How will the judge decide my sentence for insurance fraud?

One of the main factors judges look at when deciding upon a suitable sentence for an offender is culpability.

The sentencing guidelines state that:

“The level of culpability is determined by weighing up all the factors of the case to determine the offender’s role and the extent to which the offending was planned and the sophistication with which it was carried out.”

Factors which could indicate high culpability include:

  • The offender had a leading role in a group activity
  • The offender abused their position of trust
  • The offence required significant planning

Factors which could indicate lesser culpability include:

  • The offender was not motivated by personal gain
  • It was a ‘one-off’ offence which required little or no planning
  • The offender had a peripheral role in organised fraud.

What are the mitigating factors for insurance fraud?

Mitigating factors are aspects of a case which could result in a reduced sentence for an offender.

Mitigating factors for insurance fraud include:

  • The offender has showed remorse
  • The offender has no previous convictions
  • The offender fully cooperated with the investigation

Why do I need specialist insurance fraud solicitors?

Insurance fraud can be an extremely complicated area of law. Also, just like many other areas of law, insurance fraud laws can change regularly. As such, it is vital that you instruct a solicitor with experience in this area, who can work with you to gather evidence and build a strong defence, right from the very start.

As we touched on above, insurance companies have access to a considerable amount of resources for investigating potential insurance fraud cases. As a result, if you are accused of insurance fraud, finding a solicitor who has experience in dealing with these types of cases is crucial.

Client was on bail for assaulting his infant son. Social services reported the claim, but there was no evidence, only the mother’s statement that the boy was injured by evening. Client explained the injury occurred when the boy fell off a bouncy castle, which was confirmed by four family members. By obtaining statements and submitting them to the police, we demonstrated the lack of evidence, and the case was dropped with no further action.

My client was accused of historic domestic abuse allegations. The police provided written disclosure in advance of an interview, and we were able to go through this and provide a four-page statement detailing evidence to the contrary on each allegation. The statement and evidence provided was so detailed that the police had no questions to put to my client, meaning that the interview process was far less stressful than he envisaged.

Client was on bail for domestic abuse in relation to his wife. This had been dragging on for some time. We were able to obtain the particulars of the allegations from the police and then to go through them with the client. We were then able to obtain evidence that contradicted the allegations, including statements from friends, which showed that the allegations could not be true and so the police took no further action against the client. By obtaining case details, going through these with the client, speaking to witnesses and obtaining corroborative evidence, it was possible to show that the allegations were fabricated.

Client was a health care professional employed on an agency basis. There was a historic allegation made by a former client. We were able to obtain the particulars of the allegation from the police and then to set about obtaining evidence from witnesses who could cast doubt on the allegations and serve this evidence upon the police and push them for a swift resolution. The client had been on a lengthy period of police bail at the time he instructed us, and we were able to speed the process up, which was key as the client was unable to work and had no income during the lengthy period of bail.

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