Receiving a notice of investigation or a complaint for insurance fraud is a deeply concerning event, putting not only your criminal record but also your personal and professional reputation at risk. Often, what is mistakenly perceived as a minor stretch to obtain compensation is in reality a serious crime prosecuted severely by Italian law. As an expert lawyer in criminal law in Milan, Avv. Marco Bianucci understands the sensitivity of these situations and the importance of intervening promptly to protect the position of the suspect or the aggrieved party.

The crime of insurance fraud in the penal code

The simulation of a road accident or the alteration of reality to obtain undue compensation is not a mere civil matter, but constitutes specific criminal offenses. The main legal reference is Article 642 of the Penal Code, which punishes fraudulent damage to insured property and fraudulent mutilation of one's own person. The law penalizes anyone who, in order to obtain insurance compensation for themselves or others, destroys, disperses, deteriorates, or conceals property belonging to them, or causes themselves personal injury or aggravates the consequences of personal injury caused by an accident.

It is crucial to understand that the crime is committed not only when the money is actually obtained, but also when actions are taken that are unequivocally suitable for defrauding the insurance company. Companies today have sophisticated anti-fraud units and private investigators who analyze every detail, from the compatibility of vehicle damage to medical records. The penalties can include imprisonment from one to five years, as well as significant fines, making accurate technical defense indispensable from the earliest stages of the proceedings.

The approach of the Bianucci Law Firm in criminal defense

Avv. Marco Bianucci, an expert lawyer in criminal law in Milan, handles cases of alleged insurance fraud with an analytical and rigorous method, aimed at dismantling accusatory theses often based on non-unique evidence. The defense strategy is not limited to legal arguments alone but relies on a deep technical analysis of the contested facts. Every accident has its specific kinematic dynamics, and every injury has its medical evolution: demonstrating the compatibility between the narrated event and the observed damages is often the key to obtaining dismissal or acquittal.

Specifically, the firm collaborates with trusted kinematic and forensic experts to counter the insurance companies' reports. If the client is unjustly accused, the goal is to prove the veracity of what happened through objective evidence and reliable testimonies. If, on the other hand, there are elements of responsibility, Avv. Marco Bianucci's approach aims to minimize the criminal consequences, evaluating alternative paths such as plea bargaining or probation, always with the aim of preserving the client's future. Case management is always handled with the utmost discretion and with direct contact at the office located at via Alberto da Giussano, 26.

Frequently Asked Questions

What are the risks if I simulate a road accident?

Simulating a road accident to obtain compensation constitutes the crime provided for by art. 642 of the Penal Code. The penalty is imprisonment from one to five years. If the perpetrator achieves their goal, i.e., collects the money, the penalty may be increased. In addition to the criminal sanction, you risk a civil judgment for damages to the insurance company and legal costs.

Can I be reported even if the insurance company has not yet paid me?

Yes, you can be reported even if no payment has been made. The crime can also be constituted as an attempt or, in the specific case of art. 642 c.p., it is sufficient to commit the fraudulent act (such as reporting a false accident) with the aim of obtaining compensation, regardless of whether it is obtained or not.

How is insurance fraud discovered?

Insurance companies use advanced software that cross-references data on vehicles, drivers, and witnesses to identify anomalies (e.g., the recurrence of the same names in multiple accidents). Furthermore, they use experts to analyze the compatibility of vehicle damage and forensic doctors to verify if the declared physical injuries are consistent with the reported accident dynamics.

Do I need a lawyer if I receive a letter from the insurance company denying compensation for fraud?

Absolutely yes. A letter in which the insurance company denies compensation citing reasons of fraud is often the antechamber of a criminal complaint. Immediately consulting a lawyer specializing in criminal law allows you to anticipate the company's moves, prepare an adequate technical defense, and, if the facts are real, act to protect your right to compensation and your honor.

Request a legal consultation in Milan

Facing criminal proceedings for insurance fraud requires expertise and clarity. If you are under investigation or believe you are the victim of a scam related to an accident, do not let the situation worsen. Contact the Bianucci Law Firm to examine your position. Avv. Marco Bianucci will meet you at the office at via Alberto da Giussano, 26 in Milan, to define the most effective defense strategy for your specific case.