Backing off from a false claim

by sheelat » Wed May 15, 2013 04:06 pm

Hello all,

I made a false claim with one of the insurance companies.

There were scratches all over my cars body as a result of shovelling snow. I took the car to the auto adjuster who took pictures of scratches in my car. A couple of days later my insurance company told me that since I recently changed my coverage my claim needs to be investigated. The investigation took place recently but I am yet to know the outcome. I now feel terribly bad that I made the claim, even though the actions of the insurance company forced me to take this route. Is there a way for me to back off and cancel my claim now?

Thanks.

Total Comments: 6

Posted: Thu May 16, 2013 01:04 am Post Subject:

... even though the actions of the insurance company forced me to take this route.

If that makes you sleep better at night. I can tell you... no one buys that at all.

. Is there a way for me to back off and cancel my claim now?

Write a letter to the carrier and tell they you are no longer pursuing the claim.

Posted: Thu May 16, 2013 03:33 pm Post Subject:

the actions of the insurance company forced me to take this route

:lol: :roll:
Too bad there isn't an emoticon for LMAO. No one forced you to do anything, least of all your insurance company. Like most criminals, you refuse to admit your guilt.

Is there a way for me to back off and cancel my claim now?

Although nothing prevents you from doing this, the criminal deed was done at the moment you submitted the false claim. Your claim can be denied and you can still be guilty of a crime. It says so on the claim form (and in the application for insurance in some states). Words similar to these appear on all claim forms (the exact language varies from state to state, these words come from the state of Florida).

Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony in the third degree.

You knew that the damage was of your own making. You could have said so, and the claim would still be paid, less your deductible. Your statement was false, and it was intended to deceive the insurer. That's what makes it a crime.

It won't make you more guilty to accept the money from the insurance company for your false claim, but it will make it easier to convict you and sentence you to prison for your felonious act, because it helps prove that you intended to "injure" the insurance company.

Posted: Thu May 16, 2013 07:28 pm Post Subject:

I admit my guilt. I was totally at fault. And I feel ashamed that I did this. Whatever I come up with would be/should be seen as just an excuse.

You knew that the damage was of your own making. You could have said so, and the claim would still be paid, less your deductible.

This is not true in my case, though. When I said this was my own making, the company said that I need to take care of it myself.
Still, I should have stuck to proper ethics and fought it out legally, but unfortunately took the wrong route. Is there any way I can get out of this at all?

Posted: Fri May 17, 2013 04:17 am Post Subject:

As I mentioned, send them a letter and withdraw the claim. Truth is, even if they thought that had a case against you 1) if you did not collect money it would be a criminal case and not a civil case and 2) it's getting so cheating an insurance is not even a crime any longer.

Posted: Fri May 17, 2013 11:00 am Post Subject:

Is there any way I can get out of this at all?

That's a decision for the insurance company. State laws require insurance companies to report suspected or known instances of fraudulent claims to the Dept of Insurance within about 60 days of discovery. Then it's up to the state to decide if they want to prosecute you or not. There is little at this point that can help your situation.

When I said this was my own making, the company said that I need to take care of it myself.

So apparently you first talked to the company about the damage, received an answer, and then filed the claim under a different premise? You don't suppose they keep a record of each call you make to them do you?

If what you've stated is true, then you either have no comprehensive coverage or the damage is less than your deductible, in which case the investigation of your claim is going to yield the same result. You'll be responsible for the loss.

I guess I don't understand what the basis of your submitted claim is compared to your first call to the insurance company. Due to a collision? But it's fraudulent nonetheless. And you could still be convicted of insurance fraud, which is a felony that could result in a prison sentence -- although unlikely. People have been convicted of that for less.

You can try writing a letter to rescind your claim, but that's just further evidence of your lack of innocence. You might want to consult a criminal defense attorney instead.

Posted: Fri May 17, 2013 11:16 am Post Subject:

Having said what I did above is trying to help you and others understand that filing false claims is foolish, criminally wrong, and serious. It also cause all of us who pay auto insurance premiums to have to pay more than we should to cover the claims insurance companies pay that they shouldn't. In California, for example, where fraudulent claims have been said to represent as much as 50% of all claims, it costs each insurance consumer about $500 per year in added premiums.

When economic times are tough, as they have been for the past several years, insurance fraud inevitably increases. Seems that people figure the insurance companies can afford it. But insurance companies simply pass the cost on to their policyholders. That's how they manage to afford it.

So, a word to the wise: If you have a legitimate claim, file it and pursue it. If you are thinking about filing a false claim, or inflating the value of a loss in some manner, don't. It's a simple premise.

Here's just one example of what happens in California (and elsewhere). From the CA Dept of Insurance May 16, 2013:

Five arrested in million-dollar mobile phone insurance scam

SACRAMENTO -
Insurance Commissioner Dave Jones announced today that five Sacramento area residents were arrested by Department of Insurance fraud investigators and booked into the Sacramento County jail and charged with multiple felony counts related to alleged insurance fraud totaling nearly $1 million.

Investigators allege the suspects, some of whom were employees of a major mobile phone service provider, accessed consumer account information to identify customers with high-end phones and conspired with others to file more than 1,900 fraudulent insurance claims for damaged or stolen phones. The suspects had the replacement phones shipped to their homes and those of co-conspirators. The fraudulent claims totaled more than $900,000.

“Insurance crimes impact every consumer through higher costs and increased premiums,” said Commissioner Dave Jones. “This arrest by our investigators sends a clear message that I will not tolerate those who would take advantage of their position to defraud California consumers. I will continue to diligently protect consumers.”

Each of the five suspects was charged with one felony count of conspiracy, one felony count of grand theft, one felony count of unlawfully possessing the identification of ten or more persons and 29 felony counts of presenting a fraudulent insurance claim. Charges were filed by the Sacramento County District Attorney’s office. Suspects are scheduled for arraignment in Sacramento County court Friday, May 17.



Are you paying your $6 or $8 per month for smartphone insurance? $900,000 in fraudulent claims is 150,000 months of premiums. Or $1 per year from 900,000 customers. Either way, it's not the insurance company that eats the cost, it's the consumers who do. Your $400 in scratched paint just cost someone else to have to pay $500 more for their insurance.

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