Crimes of Staging a Collision or Filing a Fraudulent Claim; Penalty

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  1. A person shall be guilty of the crime of staging a collision when, with intent to commit insurance fraud as defined in Code Section 33-1-9, such person does any of the following:
    1. Intentionally causes or attempts to cause a motor vehicle collision; or
    2. Engages in a scheme to fabricate evidence of a motor vehicle collision that did not occur.

      Staging a collision shall constitute a felony punishable by no less than one year nor more than five years imprisonment.

  2. A person shall be guilty of the crime of aggravated staging of a collision when, with intent to commit insurance fraud as defined in Code Section 33-1-9, such person commits acts in violation of subsection (a) of this Code section which result in serious personal injury to another. Aggravated staging of a collision shall constitute a felony punishable by no less than two years nor more than ten years imprisonment.
  3. A person shall be guilty of the crime of making a fraudulent claim related to a staged collision when such person makes, or assists in making, a claim for insurance benefits of any type or brings, or assists in bringing, a civil lawsuit against another seeking monetary damages with knowledge that the injuries for which insurance benefits or monetary damages are sought resulted from a staged collision, or seeks to obtain any benefit to which such claimant is not legally entitled. Making a fraudulent claim related to a staged collision shall constitute a felony and shall be punishable by no less than one year nor more than five years imprisonment.

(Code 1981, §33-1-9.1, enacted by Ga. L. 2019, p. 147, § 1/HB 353; Ga. L. 2020, p. 493, § 33/SB 429.)

RESEARCH REFERENCES

C.J.S.

- 46 C.J.S., Insurance, § 1468 et seq.


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