El Paso Insurance Fraud Attorney
Insurance is designed to protect individuals and businesses in Texas from losses arising from automobile theft, car accidents, work-related injuries, or property damage from fires, floods, and hurricanes. In addition, life insurance provides vital financial resources to families after a loved one’s death. Given that vast sums of money are often available for claims, insurance fraud has become increasingly common. Given the harsh penalties associated with this offense, it takes a skilled insurance fraud attorney to defend these charges. One issue that arises many times is a “parallel investigation.”
Benjamin Law Firm, conveniently located in El Paso, routinely defends clients against insurance fraud charges federally and throughout the state of Texas. If you have been accused of insurance fraud, our experienced criminal defense attorneys will aggressively fight for your rights.Founding attorney Brock Benjamin is a former prosecutor and Board Certified in Criminal Law by the Texas Board of Legal Specialization.
When you consult us, you can rest assured that our experienced fraud attorneys will fight to protect your rights, your freedom, and your future.
What is Insurance Fraud?
Generally, insurance fraud is a type of white-collar crime that occurs when policyholders intentionally deceive insurance companies to obtain coverage for losses under false pretenses. While many may view insurance fraud as a “victimless crime,” fraud costs insurance companies billions of dollars each year, costs which are subsequently passed on to consumers in the form of higher premiums. It’s also a highly prosecuted offense.
Strength for the Battle Ahead Turning Challenges Into Triumphs
Here's What Sets Benjamin Law Firm Apart
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Our connections with colleages in the field, law enforcement, and prosecutors enhance our ability to advocate for you.
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Founding attorney Brock Benjamin is one of only six certified criminal law attorneys in El Paso County.
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We prioritize your needs, keeping you informed and treating you with dignity throughout the entire legal process.
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We conduct thorough investigations and leverage our nearly 100 jury trials to create effective strategies tailored to your case.
Types of Insurance Fraud in Texas
The most common types of insurance fraud include auto insurance fraud, homeowner’s insurance fraud, life insurance fraud, and Workers’ Compensation fraud, all of which are serious offenses.
Auto Insurance Fraud in Texas
Auto fraud costs insurance companies in the U.S millions of dollars each year. Common types of auto fraud in Texas include:
- Vehicle dumping — Insurers often refer to vehicle dumping as an “owner give-up” which can occur when a vehicle owner submerges a vehicle in a lake, drives it into the woods, or drives it to a remote place in the desert and reports the vehicle stolen.
- Reporting a sold vehicle stolen — Similar to vehicle dumping, this type of auto fraud occurs when a vehicle owner legitimately sells the vehicle and then reports it stolen. The vehicle owner gets paid by the buyer and then submits a claim for payment to the insurance company. As mentioned above, this might also involve the vehicle owner selling the vehicle to a chop shop and then reporting the vehicle stolen to obtain illegal payments from both the chop shop and the insurer.
- False registration — Vehicle owners who live in dangerous zip codes or park on streets in neighborhoods with high levels of auto theft typically pay higher insurance rates than those who live in safer neighborhoods. As such, some vehicle owners commit false registration auto insurance fraud in Texas by registering their vehicle to the address of a relative or friend who lives in a safer part of town to obtain cheaper insurance. While false registration may go undetected by the insurance company, a future claim may be denied due to fraud.
- False car insurance application — While vehicle owners can make bona fide mistakes on a car insurance application (e.g. reporting the vehicle as a 2018 model instead of a 2015 model), this type of auto fraud occurs when the individual submitting the car insurance application claims to be the primary driver when another member of the household, such as a spouse with a DUI, is the actual primary driver.
- Airbag installation fraud — A common type of insurance fraud, faulty airbag replacement is a form of car repair fraud. Because replacing an airbag is expensive, some low-quality repair shops will charge the vehicle owner or the insurance company for a full, legitimate airbag, only to stuff the device with packing material. This fraud can go undetected until the vehicle is involved in an accident. Under Texas law, airbag installation fraud is a Class A misdemeanor.
- Windshield replacement fraud — Another form of car repair fraud, windshield replacement fraud, occurs when a repair shop replaces a defective windshield with a new one but charges the vehicle owner for a high-quality windshield after installing a low-quality windshield. Windshield replacement fraud in Texas can occur in parking lots or at car washes when the scammer approaches the owner and offers to replace the windshield even though it’s fine.
When the stakes are this high, you want a team with a track record of wins. Check out some of our recent case results and see the difference an experienced team of advocates can make.
Contact Our El Paso Insurance Fraud Defense Attorney
Brock Benjamin is highly regarded as a board-certified by the Texas Board of Legal Specialization in criminal law specialist. The Benjamin Law Firm has a white-collar crime defense practice. Although defendants are at a disadvantage when private companies and law enforcement collaborate on insurance fraud investigations and prosecution, we will leverage our skills and resources to refute the charges.
To gain a conviction, the prosecution must be able to prove beyond a reasonable doubt that you intentionally filed a false or inaccurate claim to deceive the insurer and obtain benefits for damages that were not incurred. A defense that arises many times is, was that intentional or did I make a mistake? Our legal team routinely collaborates with a network of private investigators and relies on the latest legal technology such as e-discovery to organize and examine the vast array of evidence — documents, data, bank records — typically involved in insurance fraud cases. In doing so, we will attempt to uncover errors in the prosecution’s case.
In addition, our insurance fraud attorneys will also work to determine whether law enforcement violated any of your civil rights, whether by conducting improper surveillance tactics or failing to obtain valid search warrants from the court. In such a situation, we may be able to have any evidence that was improperly seized suppressed.
Ultimately, the best line of defense against insurance fraud is to show that you did not intentionally submit a false claim or make a misrepresentation to the insurer to unlawfully obtain benefits. Similarly, it may be possible to show that you did not know, or were incapable of knowing, that you had engaged in insurance fraud.
Regardless of the type of insurance fraud charges you are facing, our experienced criminal defense attorneys will work tirelessly to protect your rights and preserve your freedom. We are well-versed in the applicable Texas fraud statutes and have a proven track record of achieving successful outcomes.
Nonetheless, insurance fraud is taken very seriously and the odds are stacked against you. When you become our client, we will explain all your rights, explore all options and mount an aggressive defense.
The sooner you contact Benjamin Law Firm, the sooner we can begin protecting your freedom and your future. Contact our office today for an evaluation of your case. As always, please do not talk to anyone about the allegation except for an attorney. Doing so can have severe future consequences.
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"Best of the Best"
Best of the best attorneys in El Paso Texas! They are the most professional and dedicated you can find. Fast responses and hard workers.- Frances R. -
"Results Speak for Themselves"
Brock is a very capable and experienced attorney. I got a complete dismissal for my family violence charge. He has a respectable relationship with the courts, attributing to success for his clients.- Joshua J.