Did I commit auto insurance fraud?
Pittsburgh, PA
Viewed 69 times.
Posted 2 months ago in Insurance
Flag as objectionable
In the winter the windshield on my car cracked. I filed a claim but never got it fixed because I could not afford the deductible. I opened a new policy this summer with a new company, same deductibles, everything is the same. My insurance never lapped. I changed companies due to rates. Once I was on my feet I filed a new claim with the same company and had the windshield replaced? Is this fraud and what happens now? The original company is attempting to contact me, they want to know if it is the same claim.
Answers (2)Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 2 months ago.
Flag as objectionable
If you never got claim money then waiting to be able to afford the deductible to get the glass fixed it is not fraud. If you got claim money and are attempting to make the same claim again, that would be fraud. If you make the claim with your new insurer by fudging the date to make it look like the claim would fall in that coverage period, that would be fraud.
Fraud is the intentional deception done by a person for personal gain or to damage another. x
Posted 5 days ago.
Flag as objectionable
Technically, it is insurance fraud since you filed the claim with the new company. Since the incident occurred when you were under the coverage of of your previous policy, that should be the carrier to pay the claim. In the state of Texas (where I am licensed), you have 365 days to report a claim and even if you are no longer being covered by the company you were with when the incident happened, they will have to honor your claim because you paid your premium for that month. Just like anything else you purchase, you are exchanging monies for a service and you exchanged your monies for that month, therefore the original carrier should provide the service of paying to repair your windshield. I would not worry about being penalized for your actions though. I would say that the worst that could happen would be that you might receive a bill for the amount paid. I believe that the reason your old carrier is calling you is because you claim is being subrogated. Your current carrier probably already has suspicion that the incident occurred before you obtained coverage with them, therefore they are calling your previous carrier to find out if you ever called in for a similar claim. If they find out that the same type of claim was attempted or made, they would probably bill your previous carrier for the amount of the repair, which is why they would now be calling you. If your previous carrier does not give in and pay your current carrier, there is a possibility they may bill you for the repair. Again, I am licensed in Texas, and in PA it might be handled completely different, but just giving my two cents.
|