Insurance fraud occurs when a person intentionally makes false statements when filing a claim or applying for a policy. This serious offense can lead to charges at both the state and federal levels. If you have been accused of fraudulent activity related to a policy, a Denver insurance fraud lawyer could help you protect your rights.

Any criminal charge is serious, and a conviction for fraud could impact your life in several ways. Thankfully, a reliable legal professional with over 90 trials as a prosecutor and a defense attorney could help you build a case and fight these allegations.

Insurance Fraud Laws

Colorado law recognizes insurance fraud as a crime. It occurs when an individual intentionally uses deceptive means to:

  • Obtain a benefit or coverage
  • Apply for a policy using falsified documents or information
  • Conceal information
  • Mislead insurance companies during claims

Any deceptive attempt to secure a policy, avoid premiums, or obtain claim benefits can qualify as a crime.

False statements occur in various ways. In addition to providing false information on an application or lying to an adjuster after filing a claim, these charges can also apply to efforts to conceal information, which might lower the chances of a successful claim.

State law treats insurance fraud as a Class 5 or Class 3 felony, punishable by one to 12 years in prison, depending on the extent of the financial loss. Fines can range from $1,000 to $750,000, not including restitution or court costs. These penalties apply only after a conviction, making it critical to have an attorney who handles insurance fraud cases in Denver and could help you fight back.

Types of Insurance Fraud

Fraudulent schemes involve various types of insurance policies. These acts often involve home and auto insurance policies but may also pertain to workers’ compensation or health care claims.

These cases are fraudulent when a person seeks compensation for a loss that never happened.

Others file claims after intentionally causing the loss. This can include extreme cases, such as setting fire to a home to collect insurance proceeds. Fraudulent billing and inflated claims are other common examples. A Denver lawyer specializing in insurance fraud matters could work to defend your interests and help you achieve a favorable result.

Defenses in an Insurance Fraud Case

An attorney in Denver has different options for defending against insurance fraud allegations. Below are some common examples:

Lack of Intent

These cases require clear intent to defraud someone. If the accused had no intention of benefiting by providing false information, they are not guilty of a crime. Unfortunately, it is not always easy to prove what the accused was thinking at the time.

Innocence

Some people claim innocence and place the state under the burden of proving guilt beyond a reasonable doubt. This is a difficult task for the state to meet, which can give the defense an opening.

Constitutional Violations

The police sometimes search property and seize evidence illegally in these cases. If this happens, a lawyer could petition the court to exclude any evidence secured illegally at trial.

Talk to a Denver Insurance Fraud Attorney Today

If you have been accused of insurance fraud, a seasoned Denver insurance fraud lawyer could assist you with building a winning defense. The right strategies could help you secure a favorable outcome and potentially avoid having a criminal record attached to your name. Call Petrash Law to explore your defense options during a confidential consultation.