Staging a vehicular accident involves creating a fake emergency by deliberately causing a collision or falsifying evidence to make it seem as though an accident occurred. The motive is typically to collect an insurance payout.
Despite the seemingly minor nature of staging a vehicular accident, the associated dangers make it a serious offense under California law. Depending on the circumstances, these cases often lead to multiple criminal charges, each carrying severe penalties. This underscores the importance of understanding the legal implications and seeking appropriate legal counsel.
In their simplest form, staged accidents are exactly what the name suggests —intentional, orchestrated accidents. Often carried out by crime rings, these collisions are planned to make it appear as though an insured driver is at fault when, in reality, the insured driver is being set up by the seemingly victimized party.
This intentional deception is a key factor in the severity of the offense. Staged accidents are very dangerous and can result in various penalties for the individual or group that organized the collision.
California Penal Code 548 PC, the auto insurance fraud law, is a serious criminal charge associated with staged accidents. If found guilty of PC 548, the defendant could face a state prison sentence of up to five years, with an additional and consecutive three to six-year sentence if anyone other than the defendant or an accomplice suffers a serious injury.
These penalties underscore the serious nature of staged accidents and the potential consequences for those involved, emphasizing the gravity of the situation. Another criminal charge related to staged accidents is California Penal Code 245(a)(1) assault with a deadly weapon. According to this law, a car qualifies as a deadly weapon. The defendant is subject to four years in state prison, with the same possible sentencing enhancement if anyone suffers a serious injury.
Crucial Factors in Staged Accidents
If a staged accident results in a fatality, the defendant could be prosecuted under California Penal Code 192c vehicular manslaughter law, which carries a possible ten-year prison sentence. This stark consequence highlights the potential human cost of these crimes, making the moral implications clear and the need for prevention urgent.
If you're accused of staging an accident in California, your legal exposure depends largely on the specifics of the accident, such as the following:
- Did someone die?
- Were other drivers injured?
- Were other passengers or innocent bystanders endangered or hurt?
- Did you knowingly coordinate with others?
These factors will determine the charges prosecutors bring against you. Let's delve into some of the most common criminal charges tied to staged accidents in California, along with their potential penalties. This detailed information will help you understand the gravity of the situation and the importance of seeking legal advice.
Insurance Fraud - Penal Code 550 PC
California Penal Code Section 550 criminalizes submitting a false insurance claim or intentionally creating an event to defraud an insurance company. Whether you submitted the claim yourself or aided in planning it, you could face criminal charges for insurance fraud.
This offense is considered a felony under California law. If convicted, you could face up to five years in state prison and fines of up to $50,000 or double the amount of the fraud. Additionally, you would likely be ordered to pay restitution, which reimburses the insurance company for its financial loss.
Even without filing the insurance claim, you might still be charged if investigators uncover evidence of your intent to deceive. This intent can be proven through various means, such as recorded conversations, written communications, or witness testimonies.
PC 550 says, "(a) It is unlawful to do any of the following, or to aid, abet, solicit, or conspire with any person to do any of the following:
(1) Knowingly present or cause to be presented any false or fraudulent claim for the payment of a loss or injury, including payment of a loss or injury under a contract of insurance.
(2) Knowingly present multiple claims for the same loss or injury, including presentation of multiple claims to more than one insurer, with an intent to defraud.
(3) Knowingly cause or participate in a vehicular collision, or any other vehicular accident, for the purpose of presenting any false or fraudulent claim.
(4) Knowingly present a false or fraudulent claim for the payment of a loss for theft, destruction, damage, or conversion of a motor vehicle, a motor vehicle part, or the contents of a motor vehicle.
(5) Knowingly prepare, make, or subscribe any writing, with the intent to present or use it, or to allow it to be presented, in support of any false or fraudulent claim.
(6) Knowingly make or cause to be made any false or fraudulent claim for payment of a health care benefit.
(7) Knowingly submit a claim for a health care benefit that was not used by, or on behalf of, the claimant.
(8) Knowingly present multiple claims for payment of the same health care benefit with an intent to defraud.
(9) Knowingly present for payment any undercharges for health care benefits on behalf of a specific claimant unless any known overcharges for health care benefits for that claimant are presented for reconciliation at that same time.
(10) For purposes of paragraphs (6) to (9), inclusive, a claim or a claim for payment of a health care benefit also means a claim or claim for payment submitted by or on behalf of a provider of any workers' compensation health benefits under the Labor Code."
Conspiracy - Penal Code 182 PC
When two or more people plan to commit a crime and take at least one step toward carrying out that plan, they can be charged with conspiracy under Penal Code Section 182. Staging a vehicular accident is often a coordinated effort involving drivers, passengers, or other accomplices, making conspiracy a likely charge.
Conspiracy is treated as a separate offense and carries penalties that depend on the underlying crime. When tied to felony-level offenses like insurance fraud, conspiracy charges can lead to additional years in prison and steep fines.
PC 182 says, "(a) If two or more persons conspire:
(1) To commit any crime.
(2) Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime.
(3) Falsely to move or maintain any suit, action, or proceeding.
(4) To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses or by false promises with fraudulent intent not to perform those promises.
(5) To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws.
(6) To commit any crime against the person of the President or Vice President of the United States, the Governor of any state or territory, any United States justice or judge, or the secretary of any of the executive departments of the United States."
Reckless Driving - Vehicle Code 23103 VC
Creating a staged accident often involves dangerous driving actions, such as slamming on brakes, swerving without warning, or intentionally causing a collision. These actions fall under reckless driving as defined in Vehicle Code Section 23103.
Reckless driving is a misdemeanor punishable by up to 90 days in jail, a $1,000 fine, and points on your driving record. However, if your actions endangered others or caused significant harm, you might face additional charges and harsher consequences.
VC 23103 says, "(a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) A person who drives a vehicle in an off-street parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105."
Grand Theft - Penal Code 487 PC
If the fraudulent insurance payout you intended to collect exceeds $950 in value, which is common with vehicle insurance claims involving major damage or bodily injury, you could face grand theft charges under Penal Code Section 487.
Grand theft is considered a "wobbler," meaning it can be charged as either a misdemeanor or a felony. The decision will depend on factors like the amount of money involved and your criminal history. Felony charges carry a maximum penalty of three years in prison and substantial restitution obligations.
Assault with Deadly Weapon - PC 245(a)(1)
If your staged accident endangers or injures another person, you might be charged with assault with a deadly weapon under Penal Code Section 245(a)(1). While it might seem surprising, California courts recognize that a vehicle can be classified as a deadly weapon when used in a way that poses serious harm to others.
This charge is taken especially seriously if the staged collision affects uninvolved motorists, pedestrians, or passengers. Depending on the level of harm, penalties include up to four years in state prison and significant fines.
Vehicular Manslaughter - PC 192
The most severe charge you could face for staging an accident is vehicular manslaughter under PC 192. If the staged accident results in the death of another person, even unintentionally, you may be held criminally responsible for that loss of life.
Vehicular manslaughter charges range from misdemeanors to felonies, depending on whether gross negligence was involved. A felony conviction can result in up to six years in state prison.
VC 192(c)(3) says, "Manslaughter is the unlawful killing of a human being without malice.
Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. This paragraph does not prevent the prosecution of a defendant for the crime of murder.
(d) This section shall not be construed as making any homicide in the driving of a vehicle punishable that is not a proximate result of the commission of an unlawful act, not amounting to a felony, or of the commission of a lawful act which might produce death, in an unlawful manner."
Consult with a Defense Lawyer
Bear in mind that, depending on the individual circumstances of the staged accident, prosecutors may file other or additional criminal charges. Also, bear in mind that the courts may allow the sentences for these crimes to be served consecutively rather than simultaneously, meaning you could end up spending many years in prison serving time for multiple crimes.
For this reason, if you're accused of staging a vehicular accident, your best hope of getting a more favorable outcome is to hire a skilled California criminal defense attorney to help you navigate the specific charges involved.
For additional information, contact our law firm, Eisner Gorin LLP, located in Los Angeles, CA.
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