Legal Question in Insurance Law in Virginia

I would like to how serious of a crime of "Insurance Fraud" I may be committing. I fell asleep behind the wheel on a recent Saturday night. I hit the middle barrier on the interstate, causing my vehicle's airbags to deploy and suspension to be bent. At the time of the accident, I had liability coverage only. In a panic, I drove the vehicle (still somewhat driveable, no witnesses, police report, etc) to a nearby friend's house and left it parked. The next day, I updated my coverage levels to full coverage. I did not report the "accident" for another three days so it could be within the timeframe of "full coverage". Since the vehicle is now totaled ($6,800 total), the insurance company is thoroughly inquiring as to why I switched my coverage levels so soon before the accident. Their "Special Investigations Unit" is now involved, and have requested for my phone calls and texts within a certain timeframe. Am I dealing with a serious "Insurance Fraud" with possible jail consequences? Or will the insurance company more than likely just deny my claim? Note: There are NO witnesses, no police report, no tow truck, no proof whatsoever that I crashed on what day. Simply my word, and a few individuals who are covering for my story.

Asked on 7/16/12, 1:34 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Probably, merely a denial of your claim by your insurer, but I would not

(if I were you) rule out the first possibililty, i.e., criminal prosecution for

the felony of insurance fraud, depending, of course, on what credible

evidence in support of such charge the insurance company may uncover

as a result of its investigation.

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Answered on 7/16/12, 2:44 pm

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