Best Insurance Fraud Lawyers in North Carolina

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Phelps Dunbar LLP.
Raleigh, United States

Founded in 1853
300 people in their team
English
Our health law attorneys represent hospitals, physicians, managed care organizations and other health care providers throughout the Southeast as counsel on corporate, tax and regulatory matters. We also represent our health care clientele in a variety of health care related areas, including labor...
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About Insurance Fraud Law in North Carolina, United States

Insurance fraud in North Carolina refers to any attempt to obtain payment or benefits from an insurance company through deception, misrepresentation, or false information. This can involve individuals, businesses, or professionals who file false claims, exaggerate losses, stage accidents, or otherwise attempt to unjustly profit from insurance coverage. North Carolina considers insurance fraud a serious criminal offense, and both state authorities and insurance companies actively investigate suspected fraud cases. Penalties for insurance fraud can include fines, restitution, probation, or even imprisonment, depending on the severity of the offense.

Why You May Need a Lawyer

People may require legal help with insurance fraud for several reasons. If you are accused of insurance fraud, a lawyer can protect your legal rights, challenge the evidence against you, and help you understand the charges you face. Even if you are not facing criminal prosecution, insurance companies may deny your claim or accuse you of fraud if they believe your claim is dishonest or misleading. A lawyer can represent you in disputes with insurance companies, advise you during investigations, or appeal denied claims. Additionally, individuals who suspect they have been a victim of insurance fraud or have been wrongly accused also benefit from legal assistance to navigate the complex investigation and legal processes.

Local Laws Overview

North Carolina law specifically prohibits insurance fraud under statutes such as NCGS Section 58-2-161 and Section 58-50-40. The law covers various acts of fraud including making false statements on insurance applications, filing false or inflated claims, staging incidents to collect benefits, and assisting others in fraudulent activity. The law treats insurance fraud as a felony or misdemeanor, depending on the value of the fraud and the circumstances of the case. The North Carolina Department of Insurance has an active Criminal Investigations Division dedicated to identifying and prosecuting insurance fraud. Individuals convicted of insurance fraud may face serious legal consequences, including both civil and criminal penalties.

Frequently Asked Questions

What counts as insurance fraud in North Carolina?

Insurance fraud includes providing false information on insurance applications, exaggerating or fabricating losses or injuries, staging accidents or incidents, and deliberately damaging property to collect insurance money.

Is insurance fraud a criminal offense in North Carolina?

Yes, insurance fraud is a crime in North Carolina. It can be charged as a misdemeanor or a felony, with penalties that may include fines, probation, restitution, or imprisonment.

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

Consult an experienced criminal defense lawyer as soon as possible. Do not answer questions from investigators or insurance companies without legal representation, as anything you say can be used against you.

Can I dispute an accusation of fraud by my insurance company?

Yes, you have the right to challenge accusations of fraud. A lawyer can help you present evidence, respond to questions, and negotiate with your insurance provider.

How do authorities investigate insurance fraud?

Investigators may interview witnesses, analyze documents, review electronic records, and work with law enforcement. The North Carolina Department of Insurance has a dedicated team for insurance fraud investigations.

What are the penalties for insurance fraud?

Penalties include restitution (paying back fraudulent gains), fines, probation, community service, and possible jail or prison time. Penalties are harsher for larger fraud amounts or repeated offenses.

Can insurance fraud charges affect my future?

Yes. A conviction can result in a criminal record, making it difficult to find employment, secure professional licenses, or obtain insurance in the future.

Are there defenses to an insurance fraud charge?

Yes, defenses may include lack of intent, insufficient evidence, mistake or misunderstanding, or challenging the methods used in the investigation. A skilled attorney can build a defense tailored to your specific situation.

Will I automatically lose my insurance policy if accused of fraud?

Not always, but your insurer may suspend or cancel your policy during an investigation. If fraud is proven, most companies will deny coverage and may seek reimbursement for paid claims.

What if I suspect fraud by someone else?

You can report suspected fraud to the North Carolina Department of Insurance. They accept tips from the public and investigate potential fraud involving all types of insurance.

Additional Resources

For more information or help regarding insurance fraud in North Carolina, you may consider the following resources:

  • North Carolina Department of Insurance - Criminal Investigations Division
  • North Carolina Bar Association - Lawyer Referral Service
  • Local law enforcement agencies
  • Legal Aid of North Carolina
  • National Insurance Crime Bureau

Next Steps

If you need legal assistance regarding insurance fraud in North Carolina, consider the following steps:

  • Gather all documents and communication related to the insurance claim or alleged fraud.
  • Avoid discussing the matter with insurance investigators or law enforcement without speaking to a lawyer first.
  • Contact a lawyer experienced in insurance fraud defense or insurance law as soon as possible.
  • Review your insurance policy and make notes about the incident in question to ensure accuracy.
  • Consider utilizing local resources or organizations listed above for guidance or referrals.

Taking prompt action can help protect your rights and improve your chances of a favorable outcome, whether you are defending against fraud allegations or disputing a denied claim.

Lawzana helps you find the best lawyers and law firms in North Carolina through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Insurance Fraud, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in North Carolina, United States - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.