Staged auto accidents, a surprisingly common occurrence, are a prevalent form of insurance fraud in California. These orchestrated car collisions involve intentional wrecks, with the perpetrator aiming to file a claim with the insurance company of the actual victim.
Staged car crashes, particularly in Los Angeles, are not only common but also among the most hazardous types of car accidents associated with insurance fraud, underscoring the importance of caution and vigilance on the road. This prevalence should make you more aware and cautious on the road.
The perpetrators of staged accidents employ various criminal tactics to make the innocent party appear as the negligent driver, thereby exposing them to financial and legal risks. These tactics, while devious, can be recognized and prepared for. One common technique is the 'brake slam', where the scammer drives in front of the victim, creating a sudden stop. With a passenger in their vehicle watching for the victim's distraction, the scammer then slams on their brakes, making it appear as though the victim caused the rear-end collision. Understanding these devious tactics can help you stay informed and prepared.
Another technique is the T-bone staged accident, where a driver waits for another vehicle to pass at an intersection, then accelerates and hits the side of the victim's car. There is usually a witness involved in the scam who would claim that the innocent motorist ran a red light or stop sign. This witness is often a co-conspirator who provides false testimony to support the scammer's claim.
Another is the swoop and stop. In this type of auto collision, two scammers would be involved. One would pull in front of the mark's vehicle and squat to allow the second criminal to pull in quickly in front of them. The first driver slams on their brakes, forcing the intended victim to cause a rear-end collision.
Start-and-stop crashes usually occur in heavy traffic. The dishonest motorist would accelerate with the flow of traffic, causing the victim to accelerate as well. However, the scammer would then suddenly slam on their brakes, causing the innocent driver to rear-end them.
Organized Fraud
Organized fraud rings target older adults for staged auto collisions in many ways. These scammers can intentionally cause an accident with an older adult to collect on fraudulent insurance claims. Some may then request cash for the alleged damages and ask that the settlement be kept confidential, advising older adults not to report the “accident” because they could lose their license or insurance.
Most people who are victims of staged collisions do not realize the “accident” was staged. These perpetrators target older adults and individuals who drive expensive cars or business vehicles. They choose victims they anticipate have insurance and/or money to pay for the alleged damages.
Staging a vehicular accident involves creating a fake emergency by deliberately causing a collision or falsifying evidence to make it seem as though an accident occurred. The motive is typically to collect an insurance payout.
Depending on the circumstances, these cases often result in multiple criminal charges, each carrying severe penalties. The potential legal consequences, which can include charges such as California Penal Code 548 PC for auto insurance fraud. Crime rings often orchestrate staged accidents; these intentional collisions are planned to make it look like an insured driver is at fault when, in reality, the insured driver was set up by the seemingly victimized party.
Possible Criminal Charges
One of the most common charges filed in connection with staged accidents is California Penal Code 548 PC, which pertains to auto insurance fraud. A conviction carries a sentence of up to five years in prison, plus an additional and consecutive sentence of three to six years if anyone other than the defendant or an accomplice suffers a serious injury.
Another criminal charge related to staged accidents is California Penal Code 245(a)(1) assault with a deadly weapon. Under this law, a car qualifies as a deadly weapon. A conviction carries a sentence of up to four years in state prison, with the same possible sentencing enhancement if anyone suffers a serious injury.
If someone is killed due to the staged accident, the defendant will face prosecution for California Penal Code 192(c) vehicular manslaughter, which carries up to a ten-year prison sentence. Suppose you're accused of staging an accident in California. In that case, your legal exposure can be severe, depending on the specifics of the accident, such as injuries to a victim or coordination with others. Let's review other common criminal charges related to staged auto accidents. California.
Insurance Fraud - Penal Code 550 PC
California Penal Code 550 PC makes it a crime to submit a false insurance claim or intentionally create an event to defraud an insurance company. Whether you submitted the claim yourself or aided in planning it, you can face criminal charges for insurance fraud.
This felony offense carries a potential sentence of up to five years in state prison and fines of up to $50,000 or double the amount of the fraud. Additionally, you would likely be ordered to pay restitution, which reimburses the insurance company for its financial loss.
PC 550 says, "(a) It is unlawful to do any of the following, or to aid, abet, solicit, or conspire with any person to do any of the following:
(1) Knowingly present or cause to be presented any false or fraudulent claim for the payment of a loss or injury, including payment of a loss or injury under a contract of insurance.
(2) Knowingly present multiple claims for the same loss or injury, including presentation of multiple claims to more than one insurer, with an intent to defraud.
(3) Knowingly cause or participate in a vehicular collision, or any other vehicular accident, for the purpose of presenting any false or fraudulent claim.
(4) Knowingly present a false or fraudulent claim for the payment of a loss for theft, destruction, damage, or conversion of a motor vehicle, a motor vehicle part, or the contents of a motor vehicle.
(5) Knowingly prepare, make, or subscribe any writing, with the intent to present or use it, or to allow it to be presented, in support of any false or fraudulent claim.
(6) Knowingly make or cause to be made any false or fraudulent claim for payment of a health care benefit.
(7) Knowingly submit a claim for a health care benefit that was not used by, or on behalf of, the claimant.
(8) Knowingly present multiple claims for payment of the same health care benefit with an intent to defraud.
(9) Knowingly present for payment any undercharges for health care benefits on behalf of a specific claimant unless any known overcharges for health care benefits for that claimant are presented for reconciliation at that same time.
(10) For purposes of paragraphs (6) to (9), inclusive, a claim or a claim for payment of a health care benefit also means a claim or claim for payment submitted by or on behalf of a provider of any workers' compensation health benefits under the Labor Code."
Conspiracy - Penal Code 182 PC
When two or more people plan to commit a crime and take at least one step toward carrying out that plan, they can be charged with PC 182 conspiracy. Staging a vehicular accident is often a coordinated effort involving drivers, passengers, or other accomplices, making conspiracy a likely charge.
Conspiracy is a separate offense that carries penalties depending on the underlying crime. When tied to felony-level offenses, such as insurance fraud, conspiracy charges can result in additional prison time and substantial fines.
PC 182 says, "(a) If two or more persons conspire:
(1) To commit any crime.
(2) Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime.
(3) Falsely to move or maintain any suit, action, or proceeding.
(4) To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses or by false promises with fraudulent intent not to perform those promises.
(5) To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws."
Reckless Driving - Vehicle Code 23103 VC
Creating a staged auto accident often involves dangerous driving actions, such as slamming on brakes, swerving without warning, or intentionally causing a collision. These actions fall under the definition of reckless driving as outlined in Vehicle Code 23103 VC.
Reckless driving is a misdemeanor that carries a penalty of up to 90 days in jail, a fine of up to $1,000, and the addition of points to your driving record. However, if your actions endangered others or caused significant harm, you might face additional charges and harsher consequences.
VC 23103 says, "(a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) A person who drives a vehicle in an off-street parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105."
Vehicular Manslaughter - PC 192
The most serious charge you could face for staging an accident is vehicular manslaughter under PC 192. If the staged accident results in someone's death, you may be held criminally responsible for that loss of life. Vehicular manslaughter charges range from misdemeanors to felonies, depending on whether gross negligence was involved. A felony conviction can result in a prison sentence of up to six years.
VC 192(c)(3) says, "Manslaughter is the unlawful killing of a human being without malice.
Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. This paragraph does not prevent the prosecution of a defendant for the crime of murder."
Why You Need a Lawyer
Depending on the circumstances of the staged accident, prosecutors may file other or additional criminal charges. Additionally, the courts may allow the sentences for these crimes to be served consecutively rather than concurrently, meaning you could end up spending many years in prison serving time for multiple offenses.
Suppose you're accused of staging a vehicular accident. In that case, your best hope of getting a more favorable outcome is to hire a skilled California criminal defense attorney to help you navigate the specific charges involved. For additional information, please contact the Hedding Law Firm, located in Los Angeles, CA.
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