Under normal circumstances, insurance companies will not wronged the insured for no reason. After all, it is the responsibility of the insurance company to settle claims, saying that you should have mastered the relevant evidence. If not, then you can protect your rights and interests through legal channels; If you are really suspected of defrauding insurance, it is recommended to negotiate with the insurance company and refund the money quickly, so as to minimize the problem.
Insurance fraud is a kind of insurance fraud, and it is very common to cheat medical insurance and insurance.
If a person is prosecuted by a procuratorate for fraud, he may entrust a lawyer to defend himself. Defense lawyers can meet with criminal suspects and defendants in custody, understand the case and provide legal advice; From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant.
If the amount of insurance fraud is relatively large, it constitutes the crime of insurance fraud and can be sentenced to fixed-term imprisonment of not more than five years or criminal detention according to law; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 5 years 10 years; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of 10 years or more.
All insurance companies have insurance inspection posts, large companies are full-time and small companies are part-time, but they all have them. The nature of the insurance inspection post is to maintain a good relationship with the traffic police system, verify suspected cases, collect evidence, judge whether it meets the insurance payment standards, and handle the investigation results. When a suspected case occurs, the appraiser's job is to make a preliminary judgment on whether there are doubts. Then report to the inspection post, and the inspectors will analyze the traces of the scene, the cause and process of the accident, the driver's state and so on in detail. If it is determined to be a suspected case, the inspector will investigate and collect evidence from the traffic police department. After obtaining evidence, he will inform the responsible party who refuses to pay compensation.
Legal basis:
Criminal procedure law
Article 39 A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
Criminal law of the people's Republic of China
Article 198 Whoever commits insurance fraud under any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan, or his property shall be confiscated:
(1) The applicant intentionally fabricates the subject matter of insurance to defraud the insurance money;
(2) The applicant, the insured or the beneficiary fabricates false reasons or exaggerates the loss of the insured accident to defraud the insurance money.
(3) The applicant, the insured or the beneficiary fabricates an insurance accident that has never happened to defraud the insurance money.
Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.