Legal Question in Criminal Law in Ohio

Insurance fraud

I sold an auto to my nephew for 8,000 to be paid in period of 11 months there was no contract and the car was still in my name with my plates and still had a lien from a private dealer on the car.after he paid for 5 months (we only exchanged cash no receipts) he stopped paying I found out that he had been arrested and sentenced to 2 year in prison. He called from prison and I told him that he needed to turn the car over to me since it was still in my name he stated no and that he was going to try to sell the car.This was last october in december his wife gave me my plates off the car at this point I made a grand theft motor vehicle report and reported this to my insurance agent. My nephew got his wife to contact the insurance company and state that I had made a fraudulent report. The insurance company settled with me for 9,000 I got another car worth 4,200 and the car dealer received 4,500 In september i received and indictment on theft,insurance fraud, and falsification when I made the theft report I made the time of theft the day before I reportd the car stolen and did not list my nephew as the suspct. I also found out that the insurance company paid the dealership 4,500 and gave them the car valued at 9,000 what should I do


Asked on 10/15/06, 2:25 am

2 Answers from Attorneys
Willard Hanner Hanner Law Firm

Re: Insurance fraud

I don't why you didn't name your nephew as the suspect, but on the other hand I'm not sure the failure to do so constitutes insurance fraud. Anyway, the first thing you need to do is get an experienced criminal lawyer. If you would like to discuss it further, feel free to email me back.

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Answered on 10/15/06, 6:16 am
David Davies Law Office of David H. Davies

Re: Insurance fraud

You need to make arrangements to retain a lawyer ASAP-and do not make any more statements to anyone-In other words-do not talk to friends, family, or anyone else until you have talked to an attorney. This is a very serious offense-theft offenses can haunt you the rest of your life! It sounds like you may have some legitmated defenses but I doubt if anyone is going to listen to them until you have retained an experienced criminal attorney. I have been representing people charged with crimes for over 30 years and will be glad to talk to you in more detail if you call or send me your contact information. No cost or obligation for the call. In any event, you need to have a good lawyer-If you think you can't afford one, think how much money a felony theft conviction is going to cost you when you are trying to get a decent paying job!

Good Luck

DHD

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Answered on 10/17/06, 2:22 pm


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