Insurance Fraud can be easily charged in Fort Collins and Larimer County. Whether you fudge the date of an accident to after your insurance effective date or claim more damage than what was incurred, if an insurance company senses anything off, they can report you to law enforcement. Let’s take a closer look at this crime and how it is charged in Colorado.
Larimer County Insurance Fraud Lawyer: Definition of Insurance Fraud
The Larimer County, Colorado law definition of Insurance Fraud – C.R.S. 18-5-211 – is:
(a) With an intent to defraud presents or causes to be presented in written, verbal, or digital form an application or request for the issuance, modification, or renewal of an insurance policy, which application or request, or documentation in support of such application or request, contains false material information or withholds material information that is requested by the insurer and results in the issuance of an insurance policy or insurance coverage for the applicant or another;
(b) With an intent to defraud presents or causes to be presented any insurance claim, which claim contains false material information or withholds material information;
(c) With an intent to defraud causes or participates, or purports to be involved, in a vehicular collision, or any other vehicular accident, for the purpose of presenting any false or fraudulent insurance claim;
(d) With an intent to defraud presents or causes to be presented an insurance claim where the loss or damage claimed occurred outside of the period of time that coverage was in effect for the applicable contract of insurance or policy unless otherwise permitted under the contract of insurance or policy; or
(e) With an intent to defraud presents or causes to be presented any written, verbal, or digital material or statement as part of, in support of or in opposition to, a claim for payment or other benefit pursuant to an insurance policy, knowing that the material or statement contains false material information or withholds material information.
(2) A person commits insurance fraud if he or she knowingly moves, diverts, or misappropriates premium funds belonging to an insurer or unearned premium funds belonging to an insured or applicant for insurance from a trust or other account without the authorization of the owner of the funds or other lawful justification.
(3) A person commits insurance fraud if he or she with an intent to defraud makes, alters, presents, or causes to be presented a certificate or other evidence of the existence of insurance in any form that contains false material information or omits material information.
As you can see, there are many different scenarios that can result in Insurance Fraud charges. We commonly see the charges when someone:
- Makes a fraudulent claim;
- Withholds information on a claim;
- Applies for a policy and falsifies or leaves out facts to get a better rate or guarantee they qualify for the policy; or
- Modifies an accident report to make a claim.
How is Insurance Fraud Charged in Loveland and Estes Park?
In Fort Collins, Loveland and Estes Park, Insurance Fraud is a class 1 misdemeanor if it is a charge under subsection (1)(a). If the person is charged under subsection (1) (b) to (e), (2) or (3), then it is a class 5 felony.
If you or someone you love has been charged with Insurance Fraud, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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