On Dec. 16, 2004, Virgil Ray Blackmer, 51, and his son, Brian Blackmer, 19, both of San Jose, were arrested on one felony count each of insurance fraud. The suspects were booked into the Santa Clara county jail after they were apprehended by investigators with the California Department of Insurance’s Fraud Division (CDI).
The case is being prosecuted by the Santa Clara County District Attorney’s Office. If convicted, each Blackmer could face up to five years in state prison and/or be fined a maximum of $50,000.
In April 2004, Virgil Blackmer reportedly made an automobile collision insurance claim with Infinity Insurance, stating that he crashed his 2003 Volkswagen GTI into a wall on private property while trying to avoid a deer in the roadway. Infinity Insurance deemed his vehicle to be a total loss.
However, Infinity Insurance and CDI later reportedly learned that Virgil’s son, Brian, was actually driving the car at the time of the accident. Although Brian was an excluded driver on Virgil’s Infinity Insurance policy, both Virgil and Brian reportedly gave false recorded statements to Infinity Insurance stating that the father was driving his car at the time of the accident.
Blackmer’s claim would have cost Infinity Insurance approximately $18,000 for damage to the car and approximately $2,500 for the damage to the wall.
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