Can my husband get in trouble for totaling his truck on purpose? 19 Answers as of February 13, 2013

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?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
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.
Answer Applies to: Michigan
Replied: 2/13/2013
Curry, Roby & Mulvey Co., LLC
Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
Yes. This is insurance fraud and is a felony.
Answer Applies to: Ohio
Replied: 2/6/2013
David F. Stoddard
David F. Stoddard | David F. Stoddard
Absolutely. Insurance fraud is a felony.
Answer Applies to: South Carolina
Replied: 2/5/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Yes, he has committed an insurance fraud.
Answer Applies to: Michigan
Replied: 2/5/2013
John Russo | John Russo
It's called insurance fraud, what do you think?
Answer Applies to: Rhode Island
Replied: 2/5/2013
    Jeff Holmes - Attorney at Law | Jeff Holmes
    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.
    Answer Applies to: Washington
    Replied: 2/4/2013
    Atterbury, Kammer & Haag | Eric J. Haag
    Yes. Insurance fraud.
    Answer Applies to: Wisconsin
    Replied: 2/4/2013
    Christensen Law Group, PLLC
    Christensen Law Group, PLLC | D. Michael O'Neil, Jr.
    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.
    Answer Applies to: Oklahoma
    Replied: 2/4/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    YES, that is Fraud.
    Answer Applies to: New Jersey
    Replied: 2/4/2013
    Henry Lebensbaum | Henry Lebensbaum
    The short answer is maybe depending on the purpose.
    Answer Applies to: Massachusetts
    Replied: 2/4/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    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.
    Answer Applies to: Florida
    Replied: 2/4/2013
    Prater, Duncan & Craig, LLC
    Prater, Duncan & Craig, LLC | John D Duncan
    In a word, yes. You should contact a local lawyer immediately.
    Answer Applies to: Georgia
    Replied: 2/4/2013
    Frank Law Group, P.C.
    Frank Law Group, P.C. | David E. Frank
    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.
    Answer Applies to: California
    Replied: 2/4/2013
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