Best Insurance Fraud Lawyers in Nebraska

About Insurance Fraud Law in Nebraska, United States

Insurance fraud is a serious criminal offense in Nebraska that involves knowingly submitting false or misleading information to an insurance company with the intent to gain an unlawful advantage or benefit. This can affect various areas of insurance, including health, auto, property, life, and workers’ compensation policies. Nebraska’s laws are designed to protect both consumers and insurance providers from fraudulent claims that drive up costs and undermine the integrity of the insurance system. Insurance fraud can be committed by individuals, businesses, and even insurance professionals, and convictions can carry significant penalties, including fines, restitution, and imprisonment.

Why You May Need a Lawyer

If you are accused of insurance fraud in Nebraska, the consequences can be severe and long-lasting. Here are some common situations where you may need a lawyer:

• You are being investigated by your insurance company for possible fraud.
• You have been contacted by law enforcement or received a subpoena related to an insurance claim.
• You are facing criminal charges or have been arrested for insurance fraud.
• Your insurance claim was denied and you are accused of submitting false information.
• You are an insurance professional accused of assisting in or failing to prevent fraudulent activity.
• You believe you have been the victim of insurance fraud and need help recovering losses or reporting the crime.

In these situations, a qualified lawyer can help protect your rights, navigate complicated legal processes, and develop an effective defense or response strategy.

Local Laws Overview

Nebraska law addresses insurance fraud under both criminal and civil statutes, particularly Nebraska Revised Statutes Section 28-631, which outlines the crime of insurance fraud. Key elements of insurance fraud in Nebraska include:

• Knowingly and willfully making false statements or presenting fraudulent claims to an insurer for payment or benefits.
• Concealing information that affects the validity of an insurance claim.
• Soliciting or assisting another person to commit insurance fraud.
• Punishments may include felony or misdemeanor charges depending on the amount involved and the intent proven, with potential penalties of significant fines and imprisonment.
• Insurance companies are required by law to report suspected fraud to the Nebraska Department of Insurance.
• Nebraska maintains a Fraud Prevention Division within the Department of Insurance to investigate and help prosecute these cases.

These laws apply broadly to any insurance transaction, including claims related to property, casualty, health, life, and workers’ compensation coverage.

Frequently Asked Questions

What constitutes insurance fraud in Nebraska?

Insurance fraud involves intentionally submitting false or misleading information to an insurance company or filing a fraudulent claim to receive money or benefits that are not deserved.

Is insurance fraud a felony or misdemeanor in Nebraska?

It can be either a felony or a misdemeanor, depending on the nature and amount of the fraud. Generally, higher value claims or repeat offenses are likely to be charged as felonies.

What are the penalties for insurance fraud in Nebraska?

Penalties may include restitution, fines, probation, and imprisonment. Felony convictions carry more severe consequences, including potential state prison time.

Can I be charged if I did not receive any money from the claim?

Yes. Making a false statement or providing false documentation with the intent to defraud is considered a crime, even if you did not receive or attempt to receive payment.

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

Seek legal advice immediately. A lawyer can help you understand the allegations, protect your rights, and develop the best defense or response to the accusations.

How are insurance fraud cases investigated in Nebraska?

Investigations are typically conducted by insurance company investigators and the Fraud Prevention Division of the Nebraska Department of Insurance, in cooperation with law enforcement agencies.

Is it considered insurance fraud if I made a mistake on my claim?

Accidental errors are generally not prosecuted as fraud. However, if there is evidence that the misrepresentation was intentional, you could still face charges.

Can someone be accused of insurance fraud for inflating claims after an accident?

Yes. Inflating the value of loss or damages on an insurance claim is a common type of insurance fraud.

What is the statute of limitations for insurance fraud in Nebraska?

The statute of limitations varies based on the crime, but for most insurance fraud cases in Nebraska, it is typically within three to four years from the date of the alleged offense.

What should I do if I suspect someone else is committing insurance fraud?

You can report suspected insurance fraud to the Nebraska Department of Insurance Fraud Prevention Division or your insurance provider’s fraud hotline. Providing detailed and accurate information will help authorities investigate the claim.

Additional Resources

If you need more information or want to report suspected insurance fraud, the following resources can assist you:

• Nebraska Department of Insurance Fraud Prevention Division - Handles investigations and provides consumer information about insurance fraud.
• National Insurance Crime Bureau (NICB) - Offers tools and resources for recognizing and reporting fraud.
• Legal Aid of Nebraska - Assists individuals who need legal representation and may qualify for free or reduced-fee services.
• Local law enforcement agencies - Can assist in cases where insurance fraud is suspected or has occurred.

Next Steps

If you need legal assistance for an insurance fraud issue in Nebraska, follow these steps:

• Document all communications and keep copies of relevant documents related to your insurance claims and communications with insurers.
• Contact a lawyer who specializes in insurance law or criminal defense. Early legal intervention can protect your rights and influence the outcome of your case.
• If you have received formal notice or been charged, do not speak with investigators or make statements without your attorney present.
• Gather any evidence or documents that support your version of events and share them with your lawyer.
• Take advantage of resources offered by the Nebraska Department of Insurance for education and assistance.

Consulting with an experienced attorney as soon as possible is the best way to understand your options, build a strong defense, or pursue an appropriate claim or defense in court.