My brother’s insurance agent told him to commit fraud.

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My brother’s insurance agent told him to commit fraud.

My sister-in-law accidently backed her truck into a tree. When my brother went to their insurance carrier to ask about options, his agent told him to remove all evidence of hitting the tree and tell the police that someone had hit him. He questioned the agent, but was assured it was perfectly fine. Long story short, the officer found bark in the truck and gave my brother a ticket for filing a false report. He went to court, paid a fine, and is now serving 30 days community service. Considering he was told to do this by an insurance agent, what can he do to rectify the situation?

Asked on April 4, 2009 under Accident Law, Hawaii

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

He probably can't do anything to rectify the situation.  He is an adult who chose to file a false report.  At the end of the day, he committed the act of his own volition.  No one put a gun to his head (which by the way he could have gotten out of it).  At this point, though, he should contact his State's Department of Insurance and file a report regarding what happened.  Depending on the state, both the insurance company and agent may be licensed/require licensure or registration.


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