As this column has frequently observed, insurance fraud in the no-fault arena often leads to litigation and court decisions in both civil suits and criminal cases. Those judicial opinions, to one extent or another, affect the ability of insurance companies to combat fraud by challenging no-fault claims they believe are fraudulent as well as the ability of prosecutors to charge individuals and businesses for fraudulent acts and practices. State regulators, of course, also assist the fight against no-fault insurance fraud by the regulations they enact, within the parameters permitted by the governing statutory framework.
But the continuing battle to reduce no-fault insurance fraud, to the benefit of policyholders who pay insurance premiums and the public at large, ultimately all comes down to the New York State Legislature. Insurance carriers, policyholders, third-party claimants, and those who commit insurance fraud all operate within the statutory framework created by the Legislature. If that framework makes fraud more difficult to deter, there will be more fraud. If it makes it easier to find and fight fraud, there will be less of it. Fundamental change in the no-fault fraud environment rests in the hands of the Legislature and the governor.
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