Renter’s Insurance Fraud Explained by a New York Insurance Fraud Lawyer
Renter’s insurance is pu rchased by tenants in apartments, rental homes, and other rental properties. The purpose is to provide protection for a renter’s personal possessions that a landlord’s policy does not cover. Renter’s insurance policies also provide coverage in the event that someone is injured in a rental unit. The renter could be held responsible for the injury and the policy could pay out for medical bills and other losses sustained by the victim.
Renters must apply for coverage and renter’s insurance policies outline the policy terms including the extent of coverage, deductibles, and excluded losses. Whenever an attempt is made to improperly obtain a policy under false pretenses or to make a claim for losses that should not be covered, this can be considered renter’s insurance fraud. Renter’s insurance fraud is a crime that is normally prosecuted under New York State’s penal code.
If you are being charged with renter’s insurance fraud, you need to speak with a New York criminal defense lawyer who can help you protect your Constitutional rights during your case and who will work hard to help you stay out of jail and avoid or minimize penalties. Bukh Law Firm, PLLC has provided legal representation for many clients in renter’s insurance fraud cases and we bring our legal experienced and passionate advocacy to the table to help every client accused of wrongdoing. Call today to learn more .
What is Renter’s Insurance Fraud?
Renter’s insurance fraud involves making false or misleading statements or misrepresentations to an insurance provider offering coverage to tenants in rental properties. Anyone involved in a scheme to defraud an insurance provider may be charged with renter’s insurance fraud. Those who are part of a renter’s insurance fraud scheme involving several co-conspirators may be charged with any and all criminal offenses committed by co-conspirators in furtherance of the effort to defraud an insurer.
Types of Renter’s Insurance Fraud
Renter’s insurance fraud takes many different forms including:
- Deductible Fraud: You overstate losses or ask repairmen to overstate the cost of repairs so your insurer will pay for losses in full and you will not have to cover your deductible.
- Overstating the value of losses: You claim that items stolen, destroyed, or damaged were worth more than they were so you can obtain a larger payout.
- Falsely claiming damages should be covered: If coverage was excluded for certain types of losses but you are dishonest about how the damage happened so you can obtain payment from your insurer, this is a form of renter’s insurance fraud.
- Staging injury claims: A participant in the renter’s insurance fraud scam falsely claims to have sustained injury in a rental unit in order to obtain insurance payouts for losses.
- Intentional destruction or theft of property: Property covered by renter’s insurance is intentionally destroyed or is taken as a part of a staged burglary so an insurance claim can be made.
These are just a few of many different examples of renter’s insurance fraud that can result in criminal charges. In many cases, a simple mistake like not being aware of how damage happened or of the value of your possessions could result in you being charged with a fraud offense. You need to vigorously fight for your rights and protect your interests from the first indication that you are under investigation for fraud.
Penalties for Renter’s Insurance Fraud
Most renter’s insurance fraud cases are prosecuted in state court. You could be charged with an insurance fraud offense under Article 176 of the New York Penal Code. The value of the false claims or the amount at stake in the fraud is going to determine what specific charges you face, as there are different degrees of insurance fraud. As soon as more than $1,000 is at stake, the fraud offense is a felony under New York law.
You could also be charged with other related crimes in connection with your attempt to defraud an insurer, such as arson under NY Penal Code Article 150 or burglary under NY Penal Code Article 140. Bukh Law Firm, PLLC is prepared to provide assistance dealing with all state and federal criminal charges you are facing.
Contact a NY Renter’s Insurance Fraud Lawyer
Our legal team has successfully represented many clients in renter’s insurance fraud cases. When you have been accused of wrongdoing or are being questioned by an insurer or the police, give us a call so we can be there to help you make smart choices and build a strategic defense.