Two Different Acts of Insurance Fraud May Be Sentenced Separately

Post 4913

It’s Not Nice to Lie to Your Insurance Company

Posted on October 17, 2024 by Barry Zalma

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Melissa Brewer appealed the judgment entered after a jury convicted her of leaving the scene of an accident, two counts of presenting a false or fraudulent insurance claim, two counts of preparing a false or fraudulent insurance claim and misdemeanor reckless driving.

In The People v. Melissa Brewer, B328708, California Court of Appeals, Second District, Sixth Division (October 14, 2024) Brewer was sentenced to four years eight months in state prison, consisting of a consecutive term of eight months as to count 1, three years as to count 2, and a consecutive term of one year as to count 4. She was also sentenced to 180 days in county jail as to count 6.

Brewer’s sole contention on appeal is that the trial court should have stayed imposition of the sentence as to count 4.

FACTS

Brewer recklessly drove her vehicle southbound on the 101 freeway in the area of Avila Ridge before she collided with a motorcycle operated by James Hayes. Several witnesses called 911 and stopped to render aid. Appellant did not stop. Hayes suffered an open fracture dislocation of his left ankle and multiple abrasions. He died prior to trial.

After the collision Brewer filed an electronic claim with her insurance company for damages to her car. In her claim, appellant did not report her accident with the motorcycle but claimed that her “vehicle went off the road, went into a ditch or rolled over.” She also indicated there were no passengers and no injuries.

Brewer later sent an electronic communication to her insurance company, stating: “‘I’m having some stiffness in my upper body and neck. And I went to the chiropractor on Friday, April 2nd, and it’s still pretty uncomfortable. I just wanted to notify you that I’m going to be making another appointment on Monday, April 5th. I will keep you updated on the outcome.” This false statement was the basis of the Fourth Count.

DISCUSSION

Brewer contended the trial court should have stayed the sentence as to count 4 because the insurance fraud convictions connected with her conduct were part of the same course of conduct as the insurance fraud convictions connected with the hit and run conduct.

Substantial evidence supports the trial court’s implied finding that appellant harbored separate intents and objectives in her commission of counts 2 and 4. After presenting numerous witnesses and evidence at trial, the prosecutor argued appellant’s intent in filing the claim was to fix the damage to her car as quickly as possible to get rid of any evidence of her involvement in the collision. On the other hand, appellant’s intent in sending the injury communication was to seek reimbursement for her medical treatment.

The trial court could reasonably have concluded, based on all of the evidence, that Brewer’s offenses were separate and distinct and did not arise from a single, indivisible course of conduct.

Her contention that she should not be punished twice for the “same loss or injury” was meritless.

The judgment was affirmed.

ZALMA OPINION

Ms. Brewer’s attempt to avoid a concurrent one year sentence was contumacious. She added to the horrible act of striking and injuring a motorcycle rider, failing to stop, and running from the scene with a claim for the damage to her car with a false statement as to how it was damaged and then to claim bodily injuries from the accident. The court did not fall for her claims and she will spend her full sentence in the gray-bar hotel, prison.

(c) 2024 Barry Zalma & ClaimSchool, Inc.

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