What happens if you are injured in an insurance fraud case?

Written on behalf of Abramson Smith Waldsmith LLP

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It can be hard to believe, but not everyone on the road has your best interests in mind. A car accident in California may be more than just an accident. It may be the other driver’s attempt to commit insurance fraud by deliberately causing a collision. Yet such drivers rarely think of the harm to anyone but themselves. What happens if you are involved in a car crash with a person attempting insurance fraud, and subsequently injured?

Per California penal code, your injuries may be used in the fraud case against the other driver. The case must determine if the other driver and/or their accomplices willfully caused the accident for the express purpose of committing insurance fraud. Depending on the number of people injured, the other driver may see a significant lengthening of their sentence in the event their case is decided as guilty. The qualifier is that your injuries must be determined as serious bodily injury in order to count against their sentencing, but nonetheless may still be presented as evidence in a fraud case.

In general it is the insurer or the state that pursues legal action in the event of suspected insurance fraud, but you may still be involved in the case. If you wish to sue for damages and seek compensation for your injuries, you may need to file a separate suit outlining your grievance and the restitutions demanded.

The information provided in this article is for reference purposes only, and should not be considered as admissible legal counsel.

Jeffrey R. Smith

Jeffrey R. Smith

Managing Partner

Robert B. Waldsmith

Robert J. Waldsmith

Partner, 1999

William B. Smith

William B. Smith

Partner, 1978

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