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Insurance Fraud Explained

Insurance fraud costs Americans $900/year in higher premiums. Learn about soft vs hard fraud, legal penalties, and how scams affect your rates.

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Published September 27, 2025

Key Takeaways

  • Insurance fraud costs Americans an estimated $308.6 billion annually, adding roughly $900 per year to your premiums.
  • Fraud comes in two forms: 'soft fraud' (padding or exaggerating real claims) and 'hard fraud' (staging accidents or filing completely fake claims).
  • Technology has made fraud easier—AI-powered deepfakes and synthetic voices drove a 475% increase in voice-based fraud attempts in 2024.
  • Even minor fraud is a crime: 48 states make insurance fraud a specific criminal offense with penalties ranging from fines and probation to years in prison.
  • When fraud happens, everyone pays: insurers pass those losses on through higher premiums for all policyholders.
  • You can fight back by reporting suspicious activity to your state's fraud bureau and being honest on all your applications and claims.

Here's something that might surprise you: insurance fraud isn't just a problem for insurance companies. Every time someone inflates a claim, stages an accident, or lies on an application, you end up paying for it. The average American household pays an extra $900 per year in insurance premiums because of fraud. That's money coming straight out of your pocket—and it's completely preventable.

Insurance fraud costs the United States $308.6 billion annually. That staggering number includes everything from minor claim padding to sophisticated criminal operations. The scary part? It's getting worse. In 2024, 78% of insurers reported steady or increasing fraud rates, with new technology making it easier than ever to commit fraud.

The Two Main Types of Insurance Fraud

Insurance fraud generally falls into two categories, and understanding the difference matters because the legal consequences are vastly different.

Soft fraud is what most people commit without even thinking it's a big deal. This is when you exaggerate or 'pad' a legitimate claim. Maybe you get in a fender bender and claim the bumper damage was worse than it really was. Or you file a homeowners claim for a stolen laptop and inflate its value from $800 to $1,500. You might think, 'The insurance company can afford it,' but soft fraud is still illegal. It's also incredibly common—people convince themselves it's okay because they pay premiums, so they deserve to get something back.

Hard fraud is the criminal enterprise version. These are premeditated schemes designed to defraud insurers from the start. Think staged car accidents, fake injuries, burning down your own property, or taking out a life insurance policy on someone and then causing their death. Hard fraud requires planning and intent, and prosecutors treat it accordingly. In 2025, the National Health Care Fraud Takedown charged 324 defendants—including 96 licensed medical professionals—in schemes involving $14.6 billion in attempted fraud.

Common Fraud Schemes You Should Know About

Auto insurance fraud jumped 19% worldwide in 2023, largely driven by staged accidents. Fraudsters intentionally cause collisions—often targeting innocent drivers—then file inflated injury and damage claims. Another common scam involves lying about who drives your car. If you list yourself as the primary driver but your teenager actually drives the vehicle most of the time, that's fraud. Insurers also see people underreport their annual mileage to get lower rates, or fail to disclose accidents and violations.

Technology has opened horrifying new fraud possibilities. In 2024, voice-based fraud spiked 475%, with criminals using AI to create synthetic voices that mimic real people. Deepfakes and impersonation fraud now account for roughly 82% of fraud attempts. Fraudsters use these tools to call insurers pretending to be policyholders, change bank details, or authorize fraudulent payouts. Synthetic identity fraud—where criminals combine real and fake information to create entirely new identities—has exploded thanks to generative AI.

Healthcare fraud is the biggest category by dollar amount, costing about $105 billion annually. This includes doctors billing for procedures they never performed, pharmacies dispensing generic drugs but billing for brand-name versions, and patients using someone else's insurance card. Medicare fraud alone costs taxpayers $60 billion every year.

How Fraud Drives Up Your Premiums

When insurers pay out fraudulent claims, they don't just absorb the loss. They spread the cost across all policyholders through higher premiums. That's why fraud isn't a victimless crime—you are the victim.

The FBI estimates that the average family pays between $400 and $700 extra each year because of insurance fraud. More recent analysis puts that number closer to $900 annually. For auto insurance specifically, 72% of people who've been victims of fraud-related claims saw their premiums increase as a direct result.

This hits hardest for people who are already struggling to afford coverage. Higher premiums driven by fraud push some people out of the insurance market entirely, leaving them financially exposed. When medical providers commit fraud, it also drives up the cost of healthcare itself, not just insurance premiums.

Legal Consequences: It's Serious

Forty-eight states make insurance fraud a specific crime, and 30 states separately criminalize fraud committed by insurers themselves. The penalties depend on whether prosecutors charge you with soft fraud or hard fraud, but neither is a slap on the wrist.

Soft fraud typically results in misdemeanor charges. You could face fines, up to a year in jail, probation, and community service. That might not sound terrible until you realize that a fraud conviction on your record makes it nearly impossible to get certain jobs, professional licenses, or even future insurance coverage.

Hard fraud is a felony in most states, carrying prison sentences ranging from several months to many years. In Texas, fraud involving a policy application is a state jail felony with 180 days to two years in prison. Pennsylvania can sentence you to five years for application fraud and seven years for claim fraud. Michigan lumps both types together as 'fraudulent insurance acts' punishable by up to four years in prison.

Federal charges are also possible, especially for large-scale schemes or fraud involving federal programs like Medicare. While federal law doesn't have a specific insurance fraud statute, prosecutors use mail fraud and wire fraud laws to go after fraudsters. Federal prison time is no joke—sentences can stretch for decades depending on the scope of the fraud.

What You Can Do to Fight Fraud

The first step is simple: be honest. When you fill out insurance applications, provide accurate information about your driving history, health status, property condition, and who will be using the policy. When you file claims, report exactly what happened and what was damaged or lost. It's tempting to round up or embellish, but the short-term gain isn't worth the long-term risk.

If you suspect fraud, report it. Most states have fraud bureaus that investigate tips. You can also report suspected fraud to the National Insurance Crime Bureau or directly to the insurer involved. Common red flags include medical providers who pressure you to file claims for treatments you didn't receive, body shops that encourage you to inflate damage estimates, or anyone who offers to help you stage an accident for a payout.

Protect yourself from becoming a fraud victim, too. If you're in an accident, document everything with photos and get a police report. Be wary of strangers who approach you after a collision offering legal or medical services—these are often fraud rings looking for people to rope into staged accident schemes. Monitor your insurance statements to make sure you're not being billed for services you didn't receive.

Insurance fraud isn't a victimless crime. It costs all of us money, drives up premiums for people who can least afford it, and undermines the entire insurance system. By staying honest and reporting suspicious activity when you see it, you're not just protecting yourself—you're helping keep insurance affordable for everyone.

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Frequently Asked Questions

What's the difference between soft fraud and hard fraud?

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Soft fraud is when you exaggerate or pad a legitimate claim—like inflating the value of stolen property or claiming more damage than actually occurred. Hard fraud involves premeditated schemes like staging accidents, filing completely fake claims, or committing arson for insurance money. Hard fraud carries much harsher penalties, typically felony charges with years in prison, while soft fraud is usually a misdemeanor.

How much does insurance fraud really add to my premiums?

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Insurance fraud costs the average American household between $400 and $900 per year in higher premiums, depending on which estimate you use. When insurers pay out fraudulent claims, they pass those costs on to all policyholders through rate increases. For auto insurance specifically, 72% of people impacted by fraud saw their premiums go up directly as a result.

Can I go to jail for lying on my insurance application?

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Yes. Forty-eight states make insurance fraud a specific crime, and lying on your application counts as fraud. Depending on the severity and your state's laws, you could face misdemeanor charges (up to a year in jail, fines, probation) or felony charges (several years in prison). Beyond jail time, a fraud conviction on your record can make it extremely difficult to get jobs, professional licenses, or future insurance coverage.

What should I do if I suspect someone is committing insurance fraud?

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Report it to your state's insurance fraud bureau, the National Insurance Crime Bureau, or directly to the insurance company involved. You can usually submit tips anonymously. Common signs of fraud include medical providers billing for services you didn't receive, body shops encouraging you to inflate damage claims, or people offering to help you stage accidents for payouts.

How is AI being used to commit insurance fraud?

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Criminals use AI to create synthetic voices and deepfakes that mimic real policyholders, allowing them to call insurers and authorize fraudulent changes or payouts. Voice-based fraud spiked 475% in 2024, and deepfake/impersonation fraud now drives about 82% of fraud attempts. AI also enables synthetic identity fraud, where criminals combine real and fake information to create entirely new identities for fraudulent policies and claims.

What types of insurance have the most fraud?

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Healthcare insurance has the highest fraud by dollar amount at about $105 billion annually, including Medicare fraud ($60 billion) and Medicaid fraud. Workers' compensation fraud costs $35-44 billion per year, and property and casualty insurance fraud adds another $45-50 billion. Auto insurance fraud has been increasing rapidly, with a 19% jump worldwide in 2023, mostly from staged accidents.

We provide this content to help you make informed insurance decisions. Just keep in mind: this isn't insurance, financial, or legal advice. Insurance products and costs vary by state, carrier, and your individual circumstances, subject to availability.

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