CONTENTS
- 1. The Client's Situation
- 2. Insurance Attorney Provides a Defense for a Client Accused of Insurance Fraud
- - Insurance Attorney Argues That the Accident Was Not Intentional
- - Insurance Attorney Argues the Absence of Any Motive to Commit the Offense
- 3. With the Insurance Attorney's Assistance, a Non-Prosecution Decision Was Secured
1. The Client's Situation
The client who requested help was facing a prosecutorial investigation on a charge of violating the Special Act on Prevention of Insurance Fraud.
The client was charged with intentionally causing an accident with a vehicle that had violated traffic regulations and then defrauding an insurance company of insurance proceeds.
The client requested help from an insurance attorney in order to explain the wrongful insurance fraud charge.
The Special Act on Prevention of Insurance Fraud as Explained by an Insurance Attorney
The Special Act on Prevention of Insurance Fraud is a law enacted to set forth matters concerning the investigation, prevention, and punishment of 🔗insurance fraud, so as to protect the rights and interests of policyholders, the insured, and other interested parties, and to contribute to the sound development of the insurance business and the promotion of public welfare.
If insurance proceeds are obtained through an act of insurance fraud, a person may be punished by imprisonment for not more than 10 years or a fine not exceeding 50 million won under the Special Act on Prevention of Insurance Fraud.
2. Insurance Attorney Provides a Defense for a Client Accused of Insurance Fraud
The insurance attorney undertook the defense of a client implicated in an insurance fraud allegation.
Insurance Attorney Argues That the Accident Was Not Intentional
The insurance attorney emphasized that the client had not caused the traffic accident intentionally.
The insurance attorney argued that, while the sheer number of the client's accidents could give rise to a suspicion of insurance fraud, these were genuinely accidents that occurred through sheer misfortune.
At the time this incident occurred, the client believed that he was also at fault and considered the damage minor, so he left without filing an insurance claim.
However, the client and the other party had the same insurance company, and the other party's insurance adjuster assessed the ratio of fault between the other party and the client at 100 to 0. As a result, even though the client had not filed an insurance claim, the company automatically paid driver's insurance proceeds to the client.
The insurance attorney emphasized that the client had never even filed an insurance claim and that this was by no means an accident caused intentionally to defraud insurance proceeds.
The insurance attorney also submitted dashcam footage of the earlier accidents as evidence and argued that those accidents had likewise occurred through misfortune.
Insurance Attorney Argues the Absence of Any Motive to Commit the Offense
The insurance attorney argued that the client had no motive whatsoever to cause an accident intentionally in order to defraud insurance proceeds.
The client currently serves as a professor at a university.
The client's wife is also a high school teacher, and the client leads a financially very stable life.
The insurance attorney emphasized that the client, who leads a financially stable life and is recognized for his abilities in society, had no motive whatsoever to commit such a fraudulent act in order to defraud insurance proceeds.
3. With the Insurance Attorney's Assistance, a Non-Prosecution Decision Was Secured
As a result of the insurance attorney's defense, the prosecution issued a non-prosecution decision, stating that there was no clear evidence to find that the suspect had intentionally caused the accident in this case.
The client explained, “The accidents happened one after another purely through misfortune, yet I was reported for insurance fraud and was frightened. I am glad I responded with the help of my insurance attorney.”
According to the financial authorities, the amount of insurance fraud detected last year was 1.1164 trillion won, a 3.2 percent increase from the previous year. The number of people detected was 109,522, a 6.7 percent increase from the previous year and a record high.
In addition, this past August, the insurance fraud prevention act was amended for the first time in eight years, and punishment for insurance fraud is expected to be imposed more severely.
If you have been implicated in an insurance fraud allegation that you believe is unjust, as the client in the case above was, thoroughly preparing everything from the collection of evidence to the development of a defense strategy is important.
Through its connection with a group that can carry out 🔗evidence collection and investigation on its own, Daeryun Law Firm provides a one-stop service ranging from evidence collection to investigation response and trial defense.
If you are looking for an insurance attorney, we invite you to receive an 🔗attorney referral from Daeryun Law Firm.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
