Auto Insurance Fraud in Las Vegas Nevada
We have all said it at one time or another right ?
You get frustrated with an expensive car repair or you were in an accident and can’t get the car fixed for less than what it’s worth.
You wish you could just leave it somewhere and everything will work out.
Well that might be something people think about every now and then when we are upset about our current car situation, however most of us never act on these thoughts and go on with our lives.
There are some people who actually might consider this as an option.
If you consider this you are committing auto insurance fraud and that is a felony in the state of Nevada.
What’s Considered Auto Insurance Fraud in Nevada
There are several ways to commit insurance fraud involving your car:
- Bumping up the price or estimate of a car repair from an accident– Usually this involves a mechanic you know that can give you a written estimate for damages from an accident. The mechanic will write an estimate for repairs that either don’t actually need to be done or jack up the prices of the actual repairs to make money off the insurance payout.
- Abandoning a vehicle and reporting it stolen– This is considered an owner give up, where you take a vehicle to an area that is either known for stolen vehicles or an area far away and leave it abandoned on the street in hopes that someone would steal it. Sometimes people even leave it running or with the keys in it. Once the car is abandoned the owner will report it stolen to the police and insurance company.
- Staging an accident by intentionally damaging a vehicle and claiming it was in an accident– For example if you hit the side of your car with a pipe and then claim it was hit by another car in a hit and run.
- Making false statements on a car insurance application– When applying for new insurance you claim that you were never in an accident or using a false name are considered insurance fraud in this case.
- Falsely claiming injuries due to a car accident– This is when you claim physical harm was caused by an accident even though you may have had these injuries prior to the accident.
Penalties for Insurance Fraud
Auto insurance fraud is a class D felony in Nevada.
The penalty can include:
- 1-4 years in prison
- A fine of up to $5000
- Restitution to the state for the investigation
- Pay court costs
- Some other penalties
In some cases a defendant may be accused of setting fire to the vehicle in order to collect an insurance payout for an accident.
If you are convicted of Arson this will be in conjunction to the fraud case.
This is a Class B felony in Nevada.
The sentence for arson is :
- 1-6 in prison
- Up to $5000 in fines
- Court costs
- Costs of fire and police services to put out the fire
Common Defenses of Auto Insurance Fraud
There are some common defenses if you have been accused of auto insurance fraud:
- No intent to defraud– If the intent was not there then you are not guilty of fraud. For example if your car was actually stolen and you reported that you had an expensive item in the car that you had previously removed from the vehicle. You are not guilty of fraud if you forgot you removed the item from your car. You had no intent to commit fraud only to report what you thought was stolen.
- The car was actually stolen– If your car was actually stolen and you did not abandon the vehicle.
- A crime never occurred– You were involved in an accident, or injured in an accident so no fraud could occur.
- Illegal search and seizure– The police searched your home or shop without probable cause or a search warrant. Any information or evidence obtained during that search can be deemed illegal and therefore not admissible in court as evidence.
Proving things like intent can be difficult and the burden of proof falls on the district attorney to prove the case beyond a reasonable doubt.
Having an experienced defense team can raise doubt and possibly get the charges either reduced or dismissed altogether for lack of evidence.
Immigration Consequences of Auto Insurance Fraud
Deportation is always a consideration if someone that is not a U.S citizen is convicted of a crime.
Immigrants either illegally here or that have a valid green card to be here can be deported if convicted of fraud charges.
If you have immigrant status and are charged with an auto fraud case you must consult an attorney.
A good defense attorney may be able to get the charges dismissed or reduced to a charge that isn’t a deportable defense.
If you have been charged with auto insurance fraud and have immigrant status either legal or not.
Call The Defenders team today, we offer multilingual staff including our legal team.
We can help you navigate the immigration system regarding your case to avoid deportation.
Can a Criminal Record for an Auto Insurance Fraud case be Sealed
Most convictions can be sealed after a certain period of time if no other crimes are committed and the defendant finishes all punishments given by the court.
An auto insurance fraud case can be sealed 5 years after the case is closed.
If you were charged and the case was dismissed or you were acquitted the defendant can request to have the record sealed immediately.
Why Hire our Las Vegas Criminal Defense Attorneys
Our attorney’s have many years of experience in the Nevada court system.
We know all the laws, the prosecutors, the judges, and the other defense attorney’s.
So we know who to talk to about your case.
Navigating the court system without an attorney can be risky and could even get you convicted because you don’t have adequate representation.
Most people don’t have common knowledge of the legal system and can get overwhelmed very quickly.
Call The Defenders today if you have been charged with a crime including auto insurance fraud.
We represent clients in all criminal cases and have attorneys that specialize in certain criminal charges.
Our Layers Will:
- Use all of our efforts to get your charges either reduced or dismissed
- Can help you achieve the desired outcome or reach a plea deal
- Will examine all evidence in your case
- Will fight to keep your record clean
- Use all of our tools to mount a defense for our clients
Getting Bail assigned for a loved who has been charged with auto insurance fraud and arrested is tricky.
If a loved one has been arrested for auto insurance fraud they are likely to need to attend a bail hearing.
At the bail hearing bail will be set.
Bail is the amount of money needed to secure the release of your loved one.
Usually in non-violent crime cases bail will be a set amount and the family must pay 10% of that amount.
For example, if the bail is set at $10,000 the family or defendant must come up with $1,000 to get the person out of jail.
Most people will call a bail bondsman who will pay the 10% and guarantee the defendant shows up for court.
If you need to get a loved one out of jail call The Defenders first and we can arrange a bail bondsman, go to a bail hearing, and then deal with all the legal issues that come with trying to get someone out on bail.
What Can The Defenders Do For You
When you hire the defenders you hire a legal team of experts that has many years of experience dealing in all types of criminal charges including auto insurance fraud.
We will use all of our resources to investigate your case and evidence against.
We use all evidence to either get the case dismissed or reduced.
Let us give you a fair assessment of your case and give you the facts about what you are up against and if you can win in court.
We will give you the guidance and options to make decisions based on the evidence.
The Defenders will investigate whether or not the police used illegal measures to charge you or if you were charged by mistake.
The district attorney’s office has all available resources to investigate and prosecute a case, why shouldn’t you even out the playing field.