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Insurance fraud

Insurance fraud is dishonestly claiming on insurance for something you're not entitled to — by faking, staging, or exaggerating a claim. It runs from the obvious (a staged car accident, a fake injury) to the things people don't always think of as fraud: padding a genuine claim, claiming for damage that was already there, or inflating receipts. The line that matters is dishonesty — and even a failed attempt to claim can be an offence.

The whole idea in one picture

A claim that doesn't add up

Insurers check claims against the real world — footage, forensics, and reports. Fraud is what they find when the claim and the evidence don't line up.

$ 1 · The claim made to an insurer $ 2 · Padded staged or exaggerated 3 · Doesn't match CCTV · forensics · reports $ 4 · Penalties repay · fines · jail

What counts as insurance fraud

It's any dishonest claim made to get a payout you're not entitled to. Common examples:

Common examples

  • Staging a car accident
  • Exaggerating an injury or property loss
  • Claiming for pre-existing damage
  • Falsifying documents or receipts
  • Submitting duplicate or false claims

What they must prove

  • A dishonest or false act was committed
  • You intended to deceive the insurer
  • A benefit was obtained — or an attempt made
Padding counts too: you don't have to invent a claim from scratch. Inflating a genuine one, claiming for damage that was already there, or bumping up the receipts is fraud just as much as a wholly staged one.

How it's detected

Insurers investigate before they pay, and the claim is checked against hard evidence:

How insurers spot it

  • Claims that don't match the damage or injury reports
  • CCTV or dashcam footage that contradicts the claim
  • Forensic analysis of vehicles or damaged items
  • Medical or police report inconsistencies — or a tip-off

What happens next

  • Referred to state police fraud squads
  • ASIC or the ACCC, for large-scale or corporate fraud
  • The CDPP, where interstate or digital elements are involved
It can be federal: where a claim involves the post, digital systems, or crosses state borders, it's also a Commonwealth offence carrying up to 10 years.

What happens at court

The court level depends on how large and complex the claim is:

  1. Smaller, simpler claims stay in the local or magistrates' court.
  2. Aggravated or commercial frauds go to a higher court.
  3. The steps run from first appearance and plea, through the prosecution's evidence, to a hearing or trial.
  4. Penalties can include jail, fines, repayment of the claim, or a community correction order.
Choose your state

Penalties where you are

New South Wales

NSW
Most serious cases — top of the scale
Up to 10 years in jail

Charged as fraud. Summary matters under $5,000 are dealt with in the Local Court, up to 2 years.

Read this as a ceiling, not a forecast. The amount, the planning, and any prior record drive the sentence. Repaying the claim helps; a one-off padded claim sits well below an organised, staged operation.
How it's charged

Which court

Common defences

Insurance fraud turns on dishonesty, so defences usually go straight to whether you were dishonest at all:

No intent to defraud

A genuine mistake or misunderstanding in the claim.

The claim was valid

The benefit you claimed was actually owed to you.

You followed advice

You acted on guidance from a broker or the insurer.

Full disclosure

You disclosed everything relevant, in good faith.

Claim under investigation? Talk to a lawyer.

Whether a claim was dishonest or an honest mistake is often the whole case — and insurer interviews can shape it. We can point you to lawyers in your state.

Read this first

This is general information, not legal advice

This page explains how these charges generally work — it can't tell you what will happen in your case. Insurance fraud is charged under general fraud or deception laws, which vary by state. If you're under investigation or charged, talk to a criminal lawyer before answering questions.

Criminal lawyers

Hiring a Criminal Lawyer is Essential if You’ve Been Charged

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While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a criminal lawyer.