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SF District Attorney
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The Insurance Fraud Division at the San Francisco District Attorney’s Office is committed to tackling the widespread issue of automobile insurance fraud. Exploiting the dense population and heavy traffic of urban cities like San Francisco, auto fraud deceives insurance companies more frequently. This fraud can significantly impact consumers and the insurance industry by inflating premiums and increasing fraudulent claims. Below are some typical forms of automobile insurance fraud that we actively address and prosecute:
Fraud by Policy holders
Fraud by policyholders typically occurs when an individual submits fraudulent claims stemming from staged collisions or traffic accidents. Additionally, our division handles prosecution of individuals who arrange vehicle theft or arson for insurance claims, as well as cases involving driver switching.
Fraud by Insurance Brokers
Fraud by insurance brokers in the automobile insurance system involves brokers who engage in fraudulent activities such as misappropriating client premium payments and falsifying insurance policy documents.
Fraud by Medical or Legal Provider
Fraud by legal and medical providers encompasses instances where professionals engage in billing fraud.
Links to partnering agencies:
• California Department of Insurance
• National Insurance Crime Bureau
Know Your Rights When Your Vehicle is Towed!
10 Facts if Your Vehicle is Towed
1. 1-Hour Rule: Your vehicle has to be parked for an hour before being towed unless it interferes when an entrance or exit, is within 15 feet of a fire hydrant, or in a fire lane. A fire lane curb must be painted red and labeled “No Parking Fire Lane.”
2. Unconditional Release: If a vehicle owner encounters a tower removing his or her vehicle but the truck is not yet on a public road, the owner may demand the immediate and unconditional release of the vehicle. The law does not require the owner to provide a driver’s license.
3. Reasonable Release Fee: If the tower releases a vehicle that has been illegally parked, the tower is entitled to no more than one-half of its normal towing fee. Local law enforcement can tell you what the normal towing fee is for your area.
4. Ten-Mile Limit: A tower cannot take your vehicle to a storage lot that is more than ten miles from where it was parked.
5. Clearly Posted Warning: A tower must have written consent from the property owner or his agent, who must have waited one hour before calling for the tow. Also, a sign not less than 17 inches by 22 inches in size should be displayed in plain view at all entrances to the property. It should prohibit public parking and indicate that vehicles will be removed at the owner’s expense, and post the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the property owner.
6. Valid Towing Permit (photos, records, no kick-backs): The tower must have a valid motor carrier permit, shall make records and photographs of each tow available for law enforcement, and shall not share profits from towing with property owners who call for a vehicle removal.
7. Credit Cards Ok: The tower must accept credit cards in payment for towing and storage fees, which must be reasonable.
8. Compliance Within 24 Hours = One Day Maximum Storage Charge: If the appropriate fees are paid within the initial 24 hours of storage and the storage facility fails to comply or is not open during normal business hours, then only one day’s storage fee may be charged.
9. Reasonable Gate Fee: The gate fee, or maximum hourly charge for releasing a vehicle after normal business hours, shall be one half the hourly tow rate charged for initially towing the vehicle, or less.
10. Penalty for Excessive Charges: A person who charges a vehicle owner a towing service or storage charge at an excessive rate is liable to the vehicle owner for four times the amount charged.