Legal Question in Insurance Law in Utah
comming forward
When I was a young child my Mother had severe depression. At one point she sunk so low that she actually started a fire in our home. I am not sure what her exact motives were in her foggy state of mind, but apparently she received a few thousand dollars of insurance money for the fire damage.
After years of treatment and hospitalizations she is now doing fine, but feels sick about her past.
She recently let me know that she intends to go back to the insurance company and repay the money to make things right.
This has me very concerned on the legal side of insurance fraud. What are the chances that she will face legal charges and possible jail time?
2 Answers from Attorneys
Re: comming forward
i will not suggest to go back to the insurer with the thing you want.
better take money from her to give back the money to the insurer but give it in charity or you keep it for better things.
Re: comming forward
It is possible, but doubtful. From your story, it might be that she did not have the intent to commit a crime and perhaps was just overly careless and negligent.
If she really wants to clear her conscience, what about donating the same sum of money to a charity? If not, then perhaps you could get a lawyer to write the insurer (check and see if it is still in business) for an anonymous client and return the funds. But tell your mother she may have to add the interest on the money for all these years.
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