California Insurance Fraud Laws
Created by FindLaw's team of legal writers and editors | Last reviewed March 16, 2018
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California insurance fraud 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.
Insurance Fraud Laws
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.
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.
See Fraud to for more general information.
Overview of California Insurance Fraud Laws
The following chart provides some general information on the California insurance fraud laws, defenses, and penalties:
| Statutes | California Penal Code Sections 548-551; California Insurance Code Sections 1871-1871.9 |
| Defenses | Lack of intent to defraud: a defendant may have made a mistake or genuinely believed that the claim was legitimate. |
| Penalties and Sentences | The punishment for a conviction depends on the specific type of insurance fraud and the defendant's activities.
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Related Resources
- What is Insurance Fraud? (Ca. Dept. of Insurance)
- Fraud Claims and Forms (Ca. Dept. of Insurance)
- Fraud and Financial Crimes
Get Legal Help With Your Insurance Fraud Charges
An accusation of insurance fraud can leave you fighting an insurer and a prosecutor at the same time with both your money and your liberty on the line. The assistance of a competent lawyer can help manage the threats much more effectively than you could on your own, and the cost of not having a lawyer can be devastating. Get help today by contacting an experienced California criminal defense attorney near you.
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