Miami staged accident Attorneys

Staged accidents in Florida have been a growing problem in the past decade.  A “staged accident” is an accident that is intentionally caused by one or more persons generally for the purpose of obtaining insurance payments. 

It generally involves two or more persons agreeing to stage an accident at a given date, time, and location.  After the accident, the individuals in the vehicle will call the police to document the accident.  Later, the individuals will go for medical treatment from providers that are often times complicit in the crime.

After obtaining treatment, the co-conspirators in the staged accident scheme generally request money from their or the other driver’s insurance company.  Sometimes, they may even file a lawsuit against the insurance company if the claim is denied. 

Staged accident fraud is a serious criminal offense. It can be charged as a 1^st degree felony (30 year maximum sentence), 2^nd degree felony (15 year maximum sentence), or a 3^rd degree felony (5 year maximum sentence) depending on the facts of the case.  In addition, a non-U.S. citizen could suffer substantial immigration consequences in the event of a conviction. 

Attorney for Staged accident fraud in Miami, FL

If you were arrested for any type of fraud crime like Staged Accident Fraud, in Florida, it is important you contact a law firm with significant experience in criminal law. As a former prosecutor, E.J. Hubbs has the experience necessary to help you attempt to achieve the best possible result on your or your loved one’s case. E.J. is also board certified in criminal trial law, making him an expert in the field. 

Hubbs Law handles all types of fraud crimes, including Staged Accident Fraud, in Miami, FL and throughout Miami-Dade County, including Hialeah, Miami Beach, North Miami Beach, Miami Shores, North Miami, Pinecrest, Kendall, Palmetto Bay, Cutler Bay, Homestead, Doral, and anywhere else in the area.

Call (305) 570-4802 today to schedule your consultation.

Elements of Staged Accident Fraud

Under Florida Statue 817.234, the State generally is required to prove beyond a reasonable doubt the following elements to prove the crime of Staged Accident Fraud:

1. The Defendant presented or caused to be presented any written or oral statement;
2. The statement was in support of:
   • A claim for payment or other benefit pursuant to an insurance policy or a health maintenance organization subscriber or provider contract; or
   • An application to an insurer, purported insurer, servicing corporation, insurance broker, or insurance agent; or
   • A claim for payment or other benefit under a personal injury protection policy. 
3. The Defendant knew that such statement contained false, incomplete, or misleading information concerning any fact or thing material to such claim. 

If a jury finds the Defendant guilty of based on the elements above, they will next determine whether the value of any property in the transaction was:

1. If the value of the property is less than $20,000, the offense is a 3^rd degree felony any punishable by a maximum sentence of 5 years prison and a $5,000 fine. 
2. If the value of the property is $20,000 or more, but less than $100,000, the offense is a 2^nd degree felony any punishable by a maximum sentence of 15 years prison and a $10,000 fine. 
3. If the value of the property is $100,000 or more, the offense is a 1^st  degree felony any punishable by a maximum sentence of 30 years prison and a $10,000 fine.
4. If the State charges a Defendant under Fla. Stat. 817.234(9) and proves that the Defendant “organized, planned, or knowingly participated in an intentional motor vehicle crash or a scheme to create documentation of a motor vehicle crash that did not occur for the purpose of making motor vehicle tort claims”, the offense is a 2^nd degree felony and is punishable by a minimum mandatory penalty of 2 years in prison and a maximum prison sentence of 15 years.

Defenses to Staged Accident Fraud

If you are charged with Staged Accident Fraud, you may have legal defenses available in your case.  While every case is unique dependent on the facts, here are some possible defenses:

1. Lack of Knowledge – In Staged Accident Fraud cases, the State must generally prove that the Defendant “knowingly” made false, incomplete, or misleading statements related to an insurance claim.  If you unknowingly made false statements in the claims process, you may have a defense.  This could occur if possibly you were a passenger in an accident and were not aware it was staged.
2. Identity – In every criminal case, the State must prove that the Defendant was the person that committed the crime.  Often times Staged Accident Fraud is proven through circumstantial evidence like insurance paperwork and medical records.  Depending on the facts of your case, the State could have issues proving you were the person behind the paperwork. 
3. Value of Property – In every Staged Accident Fraud case, the State must prove the value of the property involved in the crime.  This could involve insurance benefits, the value of medical care, or the value of property damage.  If you are able to dispute the total value of the property involved in the transaction, you won’t get a not guilty verdict necessarily but you could be convicted of less serious felony offense

At Hubbs Law Firm, your first consultation is always free. Call us today to schedule your free consultation at (305) 570-4802.