An Insurance Fraud offence is committed when a false claim has been made against an insurance company. The mechanics of this usually involves an individual or company who possesses a valid policy of insurance, pretending that an insurable event has taken place, and proceeding to make a false claim on the insurance policy.
An insurance fraud is also completed when a deliberately exaggerated level of loss has been claimed to receive more compensation than the insured would otherwise have been entitled to, under the terms of the policy.
A fraudulent claim can made against any type of insurance policy including, car insurance, buildings and content insurance, life insurance, critical illness insurance, and commercial insurance policies. Typical frauds can range from falsely claiming something is broken, lost or stolen, or has been destroyed by fire or vandalism.
The offence of attempted fraud is committed when the false claim is submitted. The full crime is committed when the insurance company pay out based on the fraudulent claim.
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Like all frauds, there requires to be an element of deception when making the claim. A genuine mistake therefore is not an offence.
Very often there is a grey area over the validity of the insurance claim. In such circumstances the terms of the policy must be fully scrutinised. Criminal Defence Solutions are very experienced at sifting through and interpreting volumes of paperwork pertaining to insurance policies. We often identify conditions in policies that are helpful to an accused defending an insurance fraud.
If you find yourself being investigated for such an offence, we would strongly recommend that you speak to one of our solicitors experienced in insurance fraud immediately, as this can make all the difference to the successful defence to an insurance fraud charge. Indeed advice must be sought before being interviewed by the police investigating an allegation of insurance fraud, as this stage in the proceedings could be pivotal to whether the case can be prosecuted.
Richard Freeman (AKA Mr. Technicality) is one of Scotland's most prominent Solicitor Advocates with the skills, decades of experience and technical expertise to vigorously defend your position.
Do not delay, time is vital in order for us to properly examine the evidence against you, contact potential witnesses, ensure timelines are consistent with the evidence and investigate many other aspects in order to create your strongest legal defence.
Call our national helpline 0800 567 7810 now or our local numbers. Alternatively, complete a contact form or request a call back.