Relates to crime of staging a motor vehicle accident

2 Co-sponsors

• Tony Avella
• Martin J. Golden

BILL NUMBER:S3547

Title of bill

An act to amend the penal law, in relation to staging a motor vehicle accident

Summary of provisions

This bill would establish a new crime of staging a motor vehicle accident A person who operates a motor vehicle and intentionally causes a collision with intent to commit insurance fraud or arranges to have another person intentionally cause such a collision shall be guilty of staging a motor vehicle accident in the third degree which would be punishable as a class D felony.

A person would be guilty of staging a motor vehicle accident in the second degree, punishable as a class C felony, if he or she commits the offense of staging a motor vehicle accident in the third degree and has been previously convicted of an insurance fraud crime within the preced- ing five years A person would he guilty of staging in the first degree, punishable as a class B felony, if a person commits the offense of stag- ing in the third degree and causes serious personal injury or death to another person other than a participant in such offense.

Justification

On March 22, 2003, Alice Ross, a 71 year old grandmother, was killed as the result of a staged auto accident. These "accidents" are arranged and intentionally committed by criminals who then file fraudulent insurance claims for fake crash injuries and rob insurance companies and their policyholders While the economic cost of such activ- ity is staggering with no-fault insurance fraud estimated to cost insur- ance companies and their policyholders $1 billion per year, staged acci- dents also pose a serious public safety risk, as is demonstrated by the untimely death of Alice Ross Women and elderly drivers are in particular danger because they are often targeted for these accidents because they are less likely to be confrontational after an accident, thereby making it easier for criminals to engage in this activity.

This bill would impose tough penalties on those who stage accidents, thereby deterring individuals from engaging in this dangerous crime. Not only would this help to contain no-fault fraud and reduce insurance premiums, but it will make us all safer. New York State drivers should not have to drive down the road wondering whether someone might purpose- fully drive into them for the purpose of engaging in insurance fraud

Legislative history

S.1685 of 2011-12; S.6450 of 2009-2010; S.2634 of 2007-08

Fiscal implications

None

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.