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California’s legislative answer to the staged accident dilemma may be contained in a newly introduced bill, SB 334. A brief summary of this bill is as follows:
ISSUE: Motorists are increasingly being victimized by criminals who “stage” auto accidents for the purpose of gaining liability insurance proceeds. Staged crash artists swerve, or stop suddenly, in front of innocent drivers and then demand money fort heir “injuries. “Often, unscrupulous attorneys and doctors involved in crash rings prepare fake and inflated injury reports for the fraud artists. This type of insurance fraud raises the price of auto insurance for all insured drivers and, more importantly, places innocent drivers’ lives at risk.
PROPOSAL: Under SB 334 (Lewis), knowingly causing or participating in a staged vehicle crash for the purpose of receiving fraudulent insurance proceeds would be a “serious”felony, subject to the “three strikes and you’reout” law. Persons with one prior serious or violent felony conviction could have their prison terms doubled, and persons with two such convictions are subject to a sentence of life imprisonment.
EXISTING LAW: Currently, it is a non-serious, nonviolent felony to knowingly cause or participate in a staged motor vehicle crash for the purpose of submitting a false or fraudulent claim. A violation is punishable by imprisonment for two, three or five years and a fine of up to $50,000, or double the value of the fraud if it exceeds $50,000. For a prior conviction for staging a crash, there is a two-year enhancement, and a sentence cannot be suspended nor can probation be granted.
PURPOSE: All staged auto accidents have the potential for serious injuries or even death. This measure is needed to deter the alarming number of staged motor vehicle crashes and prevent needless harm to innocent, law-abiding motorists. Staged accident artists who luckily avoid injuring their victims must not be allowed to escape serious punishment for their dangerous actions.
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