[Helen999]

My ex has reported for car insurance fraud.

after moving out, I couldn't get insurance at a rental property for a high value car. I lied and said I was living at home and kept myself on the electoral role.

6 months later I had a bad accident, no one involved, car insurance wrote it off as they deemed the cost to repair was too much and I received / lease company the full layout (35k).

I didn't think she knew about the claim and just made out I had changed cars.

She has the following:

Letters confirming the claim, dates, accident details etc with my name and home address (where I wasn't living).

a recording of me telling her I lied to the insurance company about my address and why I did it (ie they wouldn't insure me at my rental place).

she has divorce court documents, submitted by me and signed saying I was living at the rental.

also the insurance company obviously have the recordings of me lying about my address, twice, once when I took out the policy and then when I made the claim.

What am I facing here?

it was 7 months ago when they paid out?

I work in finance. Will I get a fraud conviction?

can't sleep at the moment, due to worry.

[Rolebama]

When I was selling motorcycles, I had a customer who also bought insurance through us. The insurer discovered he had a Taking and Driving Away offence, and revoked his insurance. This had a knock-on effect with his finance agreement. The end consequence was that bike was repossessed, and he was blacklisted with most finance houses and insurers. I am not aware of any legal proceedings with regard to this, but not being able to get insurance caused him a lot of grief. All because of a lie.

[TC1474]

You have opened up a whole bag of worms for yourself.

Firstly, you have made a false declaration to obtain insurance (hence the fraud) which is a criminal offence and under the Fraud Act 2006 the maximum penalty is 10 years imprisonment with the average sentence being 2 - 7 years depending on how seriously the courts deem the offence to be.

There is also another offence of Obtaining pecuniary advantage by deception under section 16 of the theft act 1968 and carries a penalty of up to 5 years imprisonment. This comes into play because you have already received a payout and given that your insurance would not have been valid at the time, that kicks in as well. This is a road traffic offence, and whilst still serious, it does not carry the criminal record that the two criminal offences do, but the penalties can also be harsh and you could be disqualified from driving.

You may also be prosecuted for driving without insurance as your policy would not have been deemed valid had your insurers known at the time of the lies you told them.

If convicted, you will receive a criminal record or club number as we in the trade call it.

You will also be put onto the Insurance Fraud register which is a list of all fraudsters and is shared between insurance companies.

This will make it exceptionally difficult for you to obtain ANY insurance in the future, not just motor insurance,

All for the sake of trying to save a few bob. 🙄

[Beelzebub]

Not that it helps the OP in any way, but s16 of the Theft Act is no longer in force. It was repealed by the Fraud Act 2006, which essentially says the same thing.

[TC1474]

Originally Posted by Beelzebub

Not that it helps the OP in any way, but s16 of the Theft Act is no longer in force. It was repealed by the Fraud Act 2006, which essentially says the same thing.

Crime legislation is not something I tend to keep up to date with, I was going from memory.

[Beelzebub]

Originally Posted by TC1474

Crime legislation is not something I tend to keep up to date with, I was going from memory.

TC, I can relate to that. Memory isn't what it was. What was your name again?

[Helen999]

I know I've been so stupid telling the lie but when I had the accident I just felt I couldn't disclose my address and lied again. Obviously I wasn't aware she knew I made the claim.

I'm guessing I will have to pay back the settlement amount, but if I admit to it. Would it be over with just that? Or am I likely to be taken to court and prosecuted? Now thinking points and a ban are least of my worries. Do they actually send people to prison over this? And my job? I work in finance? I can't believe I've been so stupid.

[NMNeil]

Horses mouth
https://www.cps.gov.uk/sites/default...closure_10.pdf
https://www.legislation.gov.uk/ukpga...statements-etc

[Beelzebub]

Originally Posted by NMNeil

Horses mouth
https://www.cps.gov.uk/sites/default...closure_10.pdf
https://www.legislation.gov.uk/ukpga...statements-etc

I'm very surprised that the CPS gave such a detailed and helpful reply. All of the information requested is publicly available, and they would have been quite correct simply to point that out.
Maybe a quiet day in the office?

[TC1474]

Originally Posted by Helen999

I know I've been so stupid telling the lie but when I had the accident I just felt I couldn't disclose my address and lied again. Obviously I wasn't aware she knew I made the claim.

I'm guessing I will have to pay back the settlement amount, but if I admit to it. Would it be over with just that? Or am I likely to be taken to court and prosecuted? Now thinking points and a ban are least of my worries. Do they actually send people to prison over this? And my job? I work in finance? I can't believe I've been so stupid.

I can only speak from experience, but every case bar a couple I have dealt (and I have dealt with a few) with of this nature have ended up with a custodial sentence or varying duration.

Because you pay it back does not mean it will be deemed as having been sorted. You committed the offence and simply paying it back does not nullify that fact.

All you can do is wait and see what comes from it, but in the worst case scenario and you are prosecuted, you have no defence so you penalty will be in the lap of the gods.