QUESTION
Can my husband get in trouble for totaling his truck on purpose?
Asked on Feb 02nd, 2013 on Automobile Accidents - California
More details to this question:
My husband wanted to get out of his truck loan. So he totaled it on purpose so now he's trying to collect insurance to pay off his loan. Can he get trouble with the law?
13 ANSWERS
Ronald A. Steinberg
Absolutely. That is considered insurance fraud. I do not know how to fix it. If he drops the claim against the insurance company there would be no fraud, and so no jail, but he will be making payments on a truck he cannot drive. It's a lose-lose. I would avoid the criminal fraud case, if possible.
Answered on Feb 13th, 2013 at 9:14 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Absolutely. Insurance fraud is a felony.
Answered on Feb 05th, 2013 at 8:08 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, he has committed an insurance fraud.
Answered on Feb 05th, 2013 at 8:07 AM
Yes, that is a crime. He's lucky he did not hurt himself or someone else in the process.
Answered on Feb 05th, 2013 at 8:05 AM
2 Awards
Yes. That is insurance fraud.
Answered on Feb 04th, 2013 at 11:13 PM
You can total your own truck on purpose because it is your property. However, if you intentionally total your truck and file an insurance claim to recover your loss, you are engaging in "insurance fraud", which can carry civil and / or criminal consequences.
Answered on Feb 04th, 2013 at 10:54 PM
Criminal Defense Attorney serving Vancouver, WA
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Jeff Holmes, Attorney at Law
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Yes, your husband can potentially get into trouble for totaling his truck on purpose. In answering this question, I will be assuming that he is not going to be telling his insurance company that he intentionally wrecked his car. If that is the case, he can face criminal liability both under State and Federal statutes. He could potentially be charged with Insurance Fraud if he lies to his insurance company to receive his insurance benefits, or potentially Theft by Deception. I would definitely recommend he consult with a local attorney to discuss this matter prior to making any statements to the insurance company about the accident.
Answered on Feb 04th, 2013 at 10:54 PM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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One can get into a lot of "trouble with the law" for insurance fraud.
Answered on Feb 04th, 2013 at 10:53 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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YES, that is Fraud.
Answered on Feb 04th, 2013 at 10:46 PM
John D Duncan
In a word, yes. You should contact a local lawyer immediately.
Answered on Feb 04th, 2013 at 10:46 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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ABSOLUTELY. It's called insurance fraud and it can be, and probably is, a felony. You'll get to go visit your husband in the Big House. Make sure you keep yourself as far away from it as possible, and if the insurance company comes sniffing around, DO NOT LIE TO THEM. That's a crime, as well.
Answered on Feb 04th, 2013 at 10:45 PM
1 Award
Yes, that's called insurance fraud. People go to jail for that. My advice is that he immediately retain a good criminal defense attorney in your county. Find one who has extensive experience with "white collar" crime.
Answered on Feb 04th, 2013 at 10:39 PM