NY Penal Law § 176.10: Insurance Fraud in the Fifth Degree
What is Insurance Fraud?
Insurance fraud is among the white collar crimes that entails deceiving an insurance company in order to receive insurance money. This statute covers fraud that involves any type of insurance policy, plan or arrangement including life insurance, property or home owner’s insurance, automobile insurance, health insurance, workers’ compensation, commercial insurance, and publicly funded insurance programs, such as Medicare or Medicaid.
Pursuant to the New York criminal code, you will have committed a fraudulent insurance action if, with intent to defraud, you give any written statement as part of an insurance application or claim for benefits that contains untrue information or that conceals required information.
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(212) 300-5196Common Examples of Insurance Fraud
Some examples of insurance fraud include burning property to collect an insurance payout, falsely claiming that a vehicle was stolen in order to collect the insurance payout, falsely claiming that property was damaged in an accident or lost to theft during a burglary when it was not, or overstating the dollar value of stolen or damaged items.
The Specific Charge: Fifth Degree Insurance Fraud
In the New York criminal code, there are a number of different insurance fraud offenses. If you do commit a fraudulent insurance act, the specific insurance fraud charge you would be looking at will depend on several different factors, such as the type of insurance plan involved and the amount of money you received or attempted to receive.
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After a minor fender-bender, your body shop friend suggests inflating the repair estimate by $800 so you can pocket the difference from your auto insurance payout. You submit the claim with the inflated estimate, thinking such a small amount won't attract attention.
Can I really be charged with a crime for exaggerating a single insurance claim by a few hundred dollars?
Absolutely. Under NY Penal Law § 176.10, Insurance Fraud in the Fifth Degree is a Class A misdemeanor that applies when a person commits a fraudulent insurance act, regardless of the dollar amount involved. Even inflating a claim by a few hundred dollars qualifies as a fraudulent insurance act as defined under NY Penal Law § 176.05, which covers any act involving false statements or concealment of material facts to obtain insurance benefits. A conviction carries up to one year in jail, three years of probation, fines, and a permanent criminal record that can affect your employment and professional licensing. Insurance companies also maintain shared databases, so a flagged claim can trigger investigations into your entire claims history across all carriers.
This is general information only. Contact us for advice specific to your situation.
While the majority of insurance fraud crimes are felonies, there are a few that are misdemeanors, including insurance fraud in the fifth degree. Pursuant to New York Penal Code § 176.10, you will be charged with insurance fraud in the fifth degree if you commit a fraudulent insurance act and the amount of money you received or that you attempted to receive was $1000 or less.
