{"id":371796,"date":"2016-03-31T21:34:29","date_gmt":"2016-04-01T02:34:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-insurance-fraud-laws.html"},"modified":"2018-03-16T13:03:36","modified_gmt":"2018-03-16T18:03:36","slug":"california-insurance-fraud-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-insurance-fraud-laws.html","title":{"rendered":"California Insurance Fraud Laws"},"content":{"rendered":"\n
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California Insurance Fraud Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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California insurance fraud<\/a> laws seek to prevent and punish false claims intended to generate payments to consumers or other payees of insurance companies. A consumer might commit insurance fraud by submitting a claim based on a false, exaggerated, or deliberate injury or loss. A doctor or auto repair shop might inflate the cost of services, charge for services that were not included on an original estimate, or charge for services that were never actually performed. In addition, a group or organization might work together as an insurance claim mill to create accidents or injuries that permit the filing of insurance claims.<\/p>\n

Insurance Fraud Laws<\/h2>\n

The state laws against insurance fraud come from both the California Penal Code and Insurance Code. State laws define various types of insurance fraud, such as claims related to automobile insurance, health insurance, worker’s compensation insurance, and insurance of property such as a home.<\/p>\n

In general, a prosecution for insurance fraud requires proof of the defendant’s intent to defraud. The prosecutor must show that the defendant took intentional steps to claim benefits to which the defendant did not have a right. Alternatively, the prosecutor may show that the defendant had a right to claim benefits, but exaggerated or padded the claim in order to receive a higher amount of benefits. The case might involve a false or misleading statement made by the defendant or an omission of facts that would have changed the outcome of the defendant’s claim.<\/p>\n

See Fraud<\/a> to for more general information.<\/p>\n

Overview of California Insurance Fraud Laws<\/h2>\n

The following chart provides some general information on the California insurance fraud laws, defenses, and penalties:<\/p>\n\n
Statutes<\/b><\/td>\nCalifornia Penal Code Sections 548-551<\/a>; California Insurance Code Sections 1871-1871.9<\/a><\/td>\n<\/tr>
Defenses<\/b><\/td>\nLack of intent to defraud: a defendant may have made a mistake or genuinely believed that the claim was legitimate.<\/td>\n<\/tr>
Penalties and Sentences<\/b><\/td>\n

The punishment for a conviction depends on the specific type of insurance fraud and the defendant’s activities.<\/p>\n