San Diego’s proximity to the border lends itself to a unique set of circumstances - we call them -border crimes. One in particular: Auto Insurance Fraud. In San Diego, victims of car theft may not realize when they commit this crime, and it allegedly happens all the time.

Most Californians carry their required car insurance. However, car insurance only covers the owner and the car in the United States and into Mexico through the “Border Zone.” The Border Zone is about 12 - 16 miles into Mexico from the U.S. border. Once you travel past the Border Zone - you need a separate permit (Vehicle Temporary Permit or TIP) AND separate auto insurance. 

Many people drive in and out of Mexico without obtaining the necessary insurance to make the trip just a few miles south. While most insurance companies offer flexible travel policies, it simply doesn’t occur to most people to do this.

The problem: If your car is stolen in Mexico, and you did not obtain the proper insurance, you cannot file a claim with your insurance company - well, not legally. Even though your car was stolen and you are a victim, without the appropriate insurance, you cannot make an insurance claim…legally.

When your car is stolen, and you have insurance, you make a claim with your insurance company. If your insurance company approves your claim, they send you a check - depending on the value of your car, a pretty decent sized check. 

You submit a claim both orally and in writing. A representative from the insurance company speaks with you on a recorded call and there is at least one form (if not more) you must submit. 

If you claim your car was stolen in the United States when it was stolen in Mexico - that is fraud. The written form you submitted is one type of fraud and the oral statement to your insurance company is another type of fraud. Both are not good. Don’t do this. 

This crime seems unfair. A legitimate victim is put in a bad position. Most people cannot afford to buy a new car when their car was stolen, and they are not given $1 from their insurance company. The temptation, especially in Southern California - where public transportation is more of a concept than a fact - is strong. Be mindful - if you plead or are found guilty, you will have to pay back the insurance company on top of having a criminal record. Consider your choices. 

Also: the San Diego District Attorney’s office has a grant with the California Department of Insurance. The office receives money based on several statistics, including arrests. That means, part of the funding comes from people who are not guilty, but have been arrested anyway. 

An experienced attorney can help defend you and achieve the best possible outcome.