Best Insurance Fraud Lawyers in Hawaii

About Insurance Fraud Law in Hawaii, United States

Insurance fraud in Hawaii covers a wide range of dishonest acts related to insurance policies and claims. It can occur when someone deliberately deceives an insurer for personal gain, either by providing false information, exaggerating damages, or staging incidents. Both individuals and organizations can commit insurance fraud. Examples include filing a claim for an accident that did not occur, inflating the value of a loss, or misrepresenting facts on an insurance application. Insurance fraud is considered a serious crime in Hawaii and is punishable under state law, potentially resulting in severe penalties including fines and imprisonment.

Why You May Need a Lawyer

Situations involving insurance fraud can be complex and stressful. You may need a lawyer if you are:

• Accused of committing insurance fraud by an insurance company or law enforcement
• Being investigated in connection with suspicious insurance claims
• A victim of insurance fraud, such as being falsely implicated or suffering financial loss due to fraudulent activities
• Needing to understand how to respond to subpoenas, requests for documentation, or official questions from investigators
• Facing denial of your legitimate insurance claims due to suspected fraud
• Worried about potential criminal charges or civil penalties as a result of insurance-related disputes
• Unsure about how to gather evidence to defend yourself or assert your rights under Honolulu or state law

Local Laws Overview

Hawaii has laws specifically addressing insurance fraud. Under Hawaii Revised Statutes Section 431:2-403, any person who knowingly and willfully presents or prepares a false statement or claim for an insurance policy commits fraud. The law applies to all types of insurance including health, auto, property, and workers' compensation. The penalties for insurance fraud in Hawaii vary depending on the amount involved and the circumstances of the case. Consequences may include criminal prosecution, restitution, civil penalties, loss of insurance coverage, and even imprisonment. Hawaii also has a dedicated Insurance Fraud Investigation Branch under the Department of Commerce and Consumer Affairs aiming to detect, investigate, and prosecute insurance fraud offenses.

Frequently Asked Questions

What actions are considered insurance fraud in Hawaii?

Common acts include making false statements on applications, inflating claims, staging accidents, submitting claims for non-existent losses, or helping others commit fraud.

Is insurance fraud a felony in Hawaii?

Depending on the case details and amount involved, insurance fraud can be charged as a felony in Hawaii, carrying significant legal penalties.

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

Do not answer questions from investigators or insurers without consulting with an attorney. Collect any relevant documentation and seek legal advice immediately.

What are the potential penalties for insurance fraud in Hawaii?

Possible penalties include fines, imprisonment, restitution to insurers, community service, and a permanent criminal record.

Can insurance companies deny my claim for suspected fraud?

Yes. Insurers have the right to deny claims they believe are fraudulent. You have the right to dispute these decisions, preferably with legal assistance.

Are there civil consequences in addition to criminal charges for insurance fraud?

Yes. In addition to criminal prosecution, you may face civil lawsuits from insurers seeking to recover their financial losses.

How does the state investigate insurance fraud?

The Insurance Fraud Investigation Branch investigates complaints, analyzes records, interviews witnesses, and may refer cases for prosecution.

What if I unknowingly provided false information?

Intent is a key element in fraud cases. If you made an honest mistake, clarify this as soon as possible and consult a lawyer to protect your interests.

Can I report suspected insurance fraud in Hawaii?

Yes. You can report suspicions to the Hawaii Insurance Division's Insurance Fraud Investigation Branch or local law enforcement.

How long does an insurance fraud investigation take?

The process can vary from several weeks to months, influenced by the complexity of the case and the amount of evidence involved.

Additional Resources

If you need more information or help regarding insurance fraud in Hawaii, consider these resources:

• Hawaii Department of Commerce and Consumer Affairs - Insurance Division
• Insurance Fraud Investigation Branch (State of Hawaii)
• Hawaii State Bar Association - Lawyer Referral Service
• National Association of Insurance Commissioners (NAIC)
• Legal aid organizations operating on Oahu, Maui, Kauai, and the Big Island
• Local law enforcement agencies and the office of the prosecuting attorney

Next Steps

If you are facing insurance fraud issues in Hawaii, acting quickly is vital. Follow these steps:

• Gather all relevant documentation related to your insurance policies or claims
• Avoid giving statements or signing documents without legal counsel
• Contact a Hawaii-licensed attorney experienced in insurance fraud matters
• Prepare a detailed account of your situation for your lawyer
• Use resources from the Insurance Division or local organizations if you need referrals