Best Insurance Fraud Lawyers in Delaware

About Insurance Fraud Law in Delaware, United States

Insurance fraud is a serious criminal and civil offense in Delaware. It involves the deliberate act of deceiving an insurance company or agent to obtain benefits or payments to which an individual is not entitled. Both individuals and businesses can be charged with insurance fraud, and the law applies to all types of insurance, including auto, health, property, life, and workers' compensation insurance. Delaware authorities actively investigate and prosecute suspected insurance fraud to help protect honest consumers and stabilize insurance costs for everyone.

Why You May Need a Lawyer

If you are under investigation for insurance fraud, have been charged, or are the victim of insurance fraud, it is important to seek legal advice. Here are some common situations where legal representation is crucial:

• You have been accused of making false statements or submitting false documents to your insurance provider.
• The insurance company has denied your valid claim and accused you of fraud.
• You are being investigated by the Delaware Department of Insurance or law enforcement for fraudulent activity.
• You are facing criminal charges related to insurance claims or premiums.
• You suspect someone has committed insurance fraud against you or your business.

A lawyer can explain your rights, negotiate with insurers or prosecutors, and help mount a strong defense or pursue claims on your behalf. Legal guidance is key to preventing criminal penalties, fines, or loss of insurance coverage.

Local Laws Overview

Delaware law specifically addresses insurance fraud under Title 11, Section 913 of the Delaware Code. A person commits insurance fraud if they knowingly and with the intent to deceive submit false, incomplete, or misleading information as part of an insurance application, claim, or policy. Both acts and attempts are punishable. Insurance fraud can be classified as a felony or misdemeanor depending on the facts and the amount of money involved. Penalties can include prison time, fines, restitution, and forfeiture of any benefits improperly received. Delaware also has a Fraud Bureau within the Department of Insurance that investigates suspected cases.

It is illegal to:

• Stage accidents or deliberately cause damage for an insurance payout.
• Exaggerate losses or injuries on a claim.
• Forge signatures or documents as part of the insurance process.
• Fail to disclose relevant information when applying for insurance or filing a claim.
• Conspire with others to obtain payment for a loss that did not occur.

Delaware strongly enforces these laws and encourages citizens to report suspected fraud for investigation.

Frequently Asked Questions

What is considered insurance fraud in Delaware?

Insurance fraud includes any intentional deception or misrepresentation made to an insurance company or agent in order to receive benefits, money, or coverage not rightfully owed. This can include false claims, staging accidents, or providing incorrect personal information.

Is insurance fraud a felony in Delaware?

Yes, insurance fraud can be charged as a felony if the amount involved exceeds five hundred dollars, or if the offense is part of an organized scheme. Lesser amounts may be charged as misdemeanors.

What are the penalties for insurance fraud?

Penalties can include imprisonment, fines, restitution to the insurance company, and loss of the ability to obtain insurance coverage. A conviction can also lead to a permanent criminal record.

Can a simple mistake on my insurance form be considered fraud?

A genuine mistake or clerical error is not considered fraud. Insurance fraud requires a knowing and intentional act to deceive. However, repeated or egregious errors may trigger investigations.

What should I do if I am accused of insurance fraud?

If you are accused of insurance fraud, seek legal advice immediately. Do not communicate further with the insurer or investigators without counsel, as anything you say could be used against you.

Can I report suspected insurance fraud in Delaware?

Yes, you can report suspected insurance fraud to the Delaware Department of Insurance Fraud Bureau. Reports can be anonymous and help protect other consumers.

How does the Delaware Department of Insurance investigate fraud?

The Department investigates tips, reviews claim records, interviews involved parties, and works with law enforcement. If enough evidence exists, cases may be referred for prosecution.

Is exaggerating an injury or loss a crime?

Yes, inflating the details of an injury or loss, even slightly, is considered insurance fraud and can subject you to criminal charges.

What should I do if I am a victim of insurance fraud?

If you believe you are a victim, gather all relevant documentation and contact law enforcement or the Delaware Department of Insurance. You may also want to consult a lawyer to protect your interests.

How long does the insurance fraud investigation process take?

The length of investigations varies depending on the complexity of the case. Some matters may resolve within weeks, while others can take several months or longer, especially if criminal charges are involved.

Additional Resources

If you need more information or wish to report insurance fraud, consider these resources:

• Delaware Department of Insurance Fraud Bureau
• Delaware State Police
• Local law enforcement agencies
• Legal aid organizations and bar associations in Delaware
• Consumer protection agencies

These organizations offer information, support, and investigative services to both victims and those accused of insurance fraud.

Next Steps

If you are seeking legal assistance for insurance fraud in Delaware, take the following steps:

• Do not discuss your case with anyone other than a licensed attorney.
• Collect and organize any documentation related to the insurance policy, claim, and correspondence with the insurer.
• Contact a qualified Delaware attorney experienced in insurance fraud cases for an initial consultation.
• Follow your lawyer’s advice regarding communications, evidence preservation, and legal procedures.
• If applicable, report suspected fraud to the Delaware Department of Insurance or local law enforcement.

Prompt action and professional legal advice are your best protections whether you are facing accusations or have been affected by insurance fraud.