Would me knowing about an insurance fraud and not filing a report against it, make me an accomplice to said insurance fraud?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Would me knowing about an insurance fraud and not filing a report against it, make me an accomplice to said insurance fraud?
One of my friends spoke to me about how they had
to tell their insurance company that they were in a
accident and that they were the one that was driving
at the time of said accident. But that wasnt true,
instead of them driving it was actually their partner
who was not covered under their insurance, so they
lied on their claim.
If I dont report this does that mean Im an
accomplice and could I get in trouble if it were to
come out that I knew all along?
And what about their partner? Could they go down
as an accomplice too especially if they know they
lied on their claim?
Asked on March 28, 2018 under Insurance Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
There is no affirmative obligation to report fraud or any crime: person A has no duty to report the crimes of person B. Mere knowledge does not make you an accomplice; however, doing something to further the fraud or other crime does make you an accomplice. So you are not liable (either criminally or civilly) for this, but the partner would be, if they "know they lied on their claim"--the act of lying (as opposed to merely standing silent on the subject, as you are) would make them liable.
IF anyone does ask you about this--e.g. an insurance investigator; a prosecutor; etc.--you have to answer honestly: you don't have to volunteer information, but lying could again make you liable.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.