Mass. Couple Drive Into Auto Fraud Conviction

October 20, 2004

Two former Pittsfield, Massachusetts residents who reportedly submitted false claims to an auto insurance company were found guilty of insurance fraud, Attorney General Tom Reilly announced.

Myriam Mojica, 40, and Rafael Hernandez, 32, both formerly of Pittsfield, were each found guilty of attempted larceny over $250 and insurance fraud last week by a Berkshire County jury after a two-day trial. In addition, Mojica also pleaded guilty to one count each of conspiracy to commit insurance fraud and conspiracy to commit larceny over $250.

Judge Paul Vrabel sentenced Mojica to six months in the House of Correction, suspended for one year with probation. In addition, Mojica was sentenced to 100 hours of community service.

Hernandez is scheduled for sentencing on Monday, Oct. 25.

The charges stemmed from a motor vehicle accident on Dec. 18, 2000 in which Mojica’s vehicle was hit from behind on Columbus Avenue in Pittsfield. After the accident, Mojica and Herandez reportedly filed with her insurance carrier for medical expenses, claiming that Mojica was the driver at the time of the accident and that Hernandez was the passenger.

A subsequent investigation reportedly revealed that Mojica was not in the car at the time of the accident and that it had been Hernandez who was the driver. Both Mojica and Hernandez reportedly gave false statements to her automobile insurance carrier, Safety Insurance, in an attempt to obtain inappropriate payments for medical treatments that she did not receive and to supplement bodily injury claims.

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