I was drunk one night and gave my keys to a friend forgot i did and reported the car stollen can i be in trouble for insurance fraud if i tell them what i did? I did tell tem i was drunk and that i gave my keys to someone is that still fraud?
Voluntary intoxication is not a defense in the State of Texas, so if you willingly became intoxicated this is not a defense that is available to you. However, the offenses of making a false report to a police officer ("") and insurance fraud ("") both require particular criminal intent which the State has to prove in order to convict you, and based on your post, it is not clear whether or not they could do so.
I would strongly recommend that you stop posting details about this incident to an online public forum. This could be used against you in a criminal prosecution. Talk to a local criminal defense attorney before you speak any further with the police or insurance company.
Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
I left out the intent requirements for the above crimes.
To prove insurance fraud, the State has to prove that a person, with the intent to deceive or defraud, knowingly makes a statement with false or misleading information.
To prove the offense of false report, the State has to prove that a person, with the intent to deceive, knowingly made a false statement.
Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
If you did not intentionally try to deceive the insurance company, you did not commit insurance fraud. Moreover, if you have found your car & dropped your claim, the insurance company will not likely even try to pursue charges. However, you must notify them that you have found your car or your friend (or you when you get it back) could be stopped & he could be charged with auto theft.
(If you reported the loss to the police, there is also a possibility of being charged with false police report. You need to straighten the mess up as soon as possible to lessen any impact of aggravation those who have worked on your case may feel.)
