It’s a function of state rules of evidence statutes and prevailing case law in the NYC metro area. Most notably the “2nd Judicial Department” comprising Brooklyn, Queens, Staten Island and Long Island, being the harshest on the subject.
A police accident by its nature has at least two people with opposing accounts as to what happened. It’s presumed to be a civil matter by default.
Fraud investigations typically focus on the people running the operations. The lawyers and doctors bilking the insurance companies. Fraud operations can get extensive.
Typically you will see insurance companies using civil RICO actions rather than pursue criminal actions. A “preponderance of the evidence” is an easier burden than “beyond reasonable doubt” and it gives a chance at recovering money from the fraudsters.
