Insurance fraud is a serious offence and offenders are often subject to harsh penalties. While certain types of insurance fraud such as making a false claim or staging an accident to make an insurance claim may be clear cut, there are some actions such as exaggerating the value of a legitimate claim that may also get you in trouble for insurance fraud. In this post, we take a closer look at what the consequences of insurance fraud are in Victoria and what to do if you’ve been charged with insurance fraud.
What is Insurance Fraud?
Insurance fraud is a broad category of offences that generally includes any act or omission that results in one gaining a financial benefit at the expense of an insurer that they would ordinarily not be entitled to. It is important to be aware of the legal ramifications of insurance fraud so you can take steps to ensure that you don’t accidentally commit it.
Legal Consequences of Insurance Fraud
In the state of Victoria, insurance fraud is regulated by the Crimes Act 1958, which deals with all forms of fraud. Under Section 81 of the act, a person who is convicted of a less serious fraud offence can be imprisoned for up to two years if the case is brought before the Magistrate Court, subject to the agreement of both parties. For more serious offences which are brought before a County Court or a higher court, the judge may impose an imprisonment term of up to ten years.
How to Avoid Accidentally Committing Insurance Fraud
The best way to avoid accidentally committing insurance fraud is by always being completely honest and truthful in all of your dealings with your insurer. For instance, do not omit any important information such as your past medical history when purchasing a new health insurance plan. In addition, if you are asked to participate in an insurance scheme that seems suspicious, it is always better to err on the side of caution.
What to Do If You’ve Been Charged with Insurance Fraud?
If you’ve been charged with insurance fraud, you should always seek legal representation as soon as possible regardless of whether you believe that you are guilty or innocent. A lawyer would be able to best advise you based on the facts of the case and can help you avoid further incriminating yourself. In addition, a lawyer would also be able to guide you through each step of the criminal legal process and can help you to attain a better result from your case than you might otherwise be able to get on your own.
Leanne Warren and Associates is a premier criminal defence law firm based in Melbourne. Our experienced criminal lawyers have the skills and expertise to advise you if you’ve been charged with a crime. If you’re looking for a fraud lawyer, contact us today to find out more about how we might be able to help!
