Best Insurance Fraud Lawyers in New Jersey

About Insurance Fraud Law in New Jersey, United States

Insurance fraud is a serious criminal offense in New Jersey. It generally occurs when someone intentionally deceives an insurance company or agent to receive money or benefits to which they are not entitled. This can take many forms, including submitting false claims, exaggerating the extent of damages or injuries, or fabricating losses entirely. New Jersey has specific laws in place to deter and prosecute individuals or entities that commit insurance fraud. The state treats these cases very seriously, as insurance fraud can lead to higher premiums for everyone and undermine the insurance system. Convictions can lead to significant penalties, including fines, restitution, and imprisonment.

Why You May Need a Lawyer

There are several scenarios where legal assistance becomes essential in insurance fraud cases. If you are under investigation for, charged with, or accused of insurance fraud, a qualified attorney can help protect your rights. Individuals may also need a lawyer if they believe they have been wrongly denied a claim based on an accusation of fraud, or if they are the victims of insurance fraud perpetrated by another party, such as a service provider or another policyholder.

A lawyer experienced in insurance fraud can provide crucial advice about your legal options, potential defenses, and the best course of action. They can represent you in dealings with insurance companies, law enforcement, and the courts, and work to achieve the best possible outcome for your case.

Local Laws Overview

In New Jersey, insurance fraud is governed primarily by the New Jersey Insurance Fraud Prevention Act (N.J.S.A. 17:33A-1 et seq.) and related criminal statutes. Some key points include:

• Insurance fraud can be prosecuted as either a third or second degree crime, depending on the amount involved and whether it is a first or subsequent offense.
• The law covers all types of insurance, including auto, health, homeowners, disability, and life insurance.
• It is illegal to submit any written or oral statement to an insurer knowing it contains false or misleading information concerning material facts or omits material facts.
• Each separate act of insurance fraud can be charged as a separate offense, leading to multiple criminal counts.
• The statute gives the state broad authority to seek restitution and civil penalties, in addition to criminal punishment.
• The New Jersey Office of the Insurance Fraud Prosecutor investigates and prosecutes cases, often in coordination with local law enforcement and insurance companies.

Frequently Asked Questions

What exactly is considered insurance fraud in New Jersey?

Insurance fraud occurs when someone knowingly provides false, incomplete, or misleading information to an insurance company in order to receive money, benefits, or services to which they are not entitled.

What are some common examples of insurance fraud?

Common examples include staging car accidents, inflating the value of stolen or damaged property, exaggerating injuries from an accident, submitting claims for services not rendered, or misrepresenting facts on an insurance application.

Is insurance fraud treated as a criminal offense?

Yes, insurance fraud is both a criminal and civil offense in New Jersey. Offenders may face jail time, hefty fines, restitution, and a permanent criminal record.

Can I be investigated for fraud even if I made a mistake on my claim?

Mistakes can sometimes prompt investigations, but intent is a critical element of insurance fraud. If the error was unintentional and you promptly correct it, you are less likely to face charges.

Who investigates insurance fraud in New Jersey?

The New Jersey Office of the Insurance Fraud Prosecutor is the main body responsible for investigating and prosecuting insurance fraud in the state.

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

Contact a qualified criminal defense lawyer immediately. Do not speak to investigators or insurance representatives without legal advice.

What penalties could I face if convicted?

Penalties can include prison time, substantial fines, restitution to the victim, and a permanent criminal record. The severity depends on the amount of money involved and other circumstances.

Can insurance companies deny my claim on the grounds of suspected fraud?

Yes, if an insurer suspects fraud, they may deny your claim, initiate an investigation, and provide information to law enforcement agencies.

Can a person be charged with insurance fraud for an exaggerated claim?

Yes, knowingly exaggerating the value of damages or losses on a claim constitutes insurance fraud and can lead to criminal charges.

If I reported insurance fraud, can I remain anonymous?

You can report suspected fraud anonymously to the New Jersey Office of the Insurance Fraud Prosecutor, though providing your information may help the investigation.

Additional Resources

If you need further information or wish to report suspected insurance fraud, the following resources are available in New Jersey:

• New Jersey Office of the Insurance Fraud Prosecutor
• New Jersey Department of Banking and Insurance
• State Bar Association of New Jersey - for lawyer referrals and general information
• Local legal aid organizations for low-cost or pro bono legal assistance
• County Prosecutor’s Office for county-level fraud investigations

Next Steps

If you are facing accusations or charges of insurance fraud, believe you are the victim of fraud, or simply have questions about your rights, consider taking the following steps:

• Gather all related documentation, including insurance policies, claim forms, correspondence, and any evidence related to your case.
• Contact a qualified lawyer with experience in New Jersey insurance fraud cases. An attorney can evaluate your situation, advise you on your legal rights, and help develop a defense or pursue justice if you are a victim.
• If you suspect someone else is committing insurance fraud, report your concerns to the New Jersey Office of the Insurance Fraud Prosecutor or your insurance company.
• Refrain from making any statements to authorities or insurers without consulting with your lawyer, as anything you say can potentially be used against you.

Legal matters involving insurance fraud can be complex and carry serious consequences. Taking prompt, informed action with the guidance of a professional is the best way to protect your interests.