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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111655
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My house had a water leak damage . insurance covered 75% but

Customer Question

My house had a water leak damage . insurance covered 75% but held onto the rest pending verification of Persian rug and picture frame value. I stupidly provided them with a computer generated invoice showing items paid in cash . They denied payment . A year later Somehow insurance went further than I expected and turned the matter to the STATE OF CAL Dept of insurance Fraud Division . they somehow searched and tracked the owner of the business whose business name I used to generate an invoice . Didn't think it would be a problem since the business closed down. unfortunately business owner stated to the investigators that he had no business with me.The invoice is fake and he business was closed a six months prior to the date of my made up invoice. Upon interview with insurance detectives I stood by my story . they requested to see damage rug and picture . I told them I had disposed of them due to damage. what's the consequence and will they prosecute me. I'm seeking legal advise
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Please understand the experts of this site are not employees and get no credit for spending time with customers unless the customer leaves positive feedback. Thank you for understanding.
In order for them to prosecute you for insurance fraud, they have to prove that you intentionally provided false information or hid information in order to get a payment or some other benefit from an insurance company that would otherwise not be payable. Under CA law, this is a felony and punishable by up to 8 years in jail.
In order to prove a case, they have to prove the rug never existed or that the rug was never damaged or that the value of the rug you submitted the claim for was not the correct value. The fact you submitted a fake invoice and they have the business owner is a huge issue here and it is likely that if they have gone this far, they indeed will charge these cases as CA is overly aggressive in the pursuit of insurance fraud.
You should make NO STATEMENTS ABOUT THIS TO ANYONE, none at all. You must get a local criminal defense attorney which you can find at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
You need to direct all communications through your attorney and if anyone contacts you about this matter, including your insurance company, you need to not make any statements and refer them to your attorney.
You "bringing charges" (I am presuming you mean suing in civil court for breach of contract for them not paying your full claim) against the insurance company will not deter the state from pursuing this claim. In fact, it may also make the insurance company more resolved to pursue you with the DA.
You are going to need to deal with this by getting represented by a local criminal defense attorney and you are going to need to maintain your defense regarding the value of the rug and existence of the rug.