Legal Question in Insurance Law in Kansas

Insurance Fraud

I was driving my car and crashed it. When i made the police report I told them it was stolen, so they filled out a stolen vehicle report. I also told my ins company that it was stolen and after reviewing the evidence they dont know if they are going to pay. So my question is when is it considered ''insurance fraud'' because my insurance agent told me that if it was actually me driving to just tell him so that he could process the claim. But by doing this now at this point could I face fraud charges?

Asked on 10/09/02, 1:52 pm

1 Answer from Attorneys

James Rupper Powell, Brewer & Reddick

Re: Insurance Fraud

You have two problems: The false report to the police and the false report to the insurance agent. The attached Kansas statute discusses insurance misrepresentations. I suggest that you meet with an attorney and get detailed advice as to how you should handle this situation.

40-2,118. Fraudulent insurance act defined; penalty. (a) For purposes of this act a "fraudulent insurance act" means an act committed by any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto.

(b) Except as otherwise specifically provided in K.S.A. 21-3718 and amendments thereto and K.S.A. 44-5,125 and amendments thereto, a fraudulent insurance act shall constitute a severity level 6, nonperson felony if the amount involved is $25,000 or more; a severity level 7, nonperson felony if the amount is at least $5,000 but less than $25,000; a severity level 8, nonperson felony if the amount is at least $1,000 but less than $5,000; a severity level 9, nonperson felony if the amount is at least $500 but less than $1,000; and a class C nonperson misdemeanor if the amount is less than $500.

(c) In addition to any other penalty, a person who violates this statute shall be ordered to make restitution to the insurer or any other person or entity for any financial loss sustained as a result of such violation. An insurer shall not be required to provide coverage or pay any claim involving a fraudulent insurance act.

(d) This act shall apply to all insurance applications, ratings, claims and other benefits made pursuant to any insurance policy.

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Answered on 10/09/02, 2:34 pm

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