Would me knowing about an insurance fraud and not filing a report against it, make me an accomplice to said insurance fraud?

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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 4 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.


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