A Leesburg woman turned herself in on a fraud charge after admitting to lying to her insurance company about her knowledge of a traffic crash in which her mother was driving.
The investigation was based on information provided by Progressive Insurance, according to an affidavit of probable cause out of Lake County. The referral provided by Progressive alleged that 48-year-old Daniela Cayres Burdignon gave a “Statement of No Loss” wherein she declared her vehicle had not been involved in any accidents, losses or claims between the cancellation date and the reinstatement date, which was a material misrepresentation.
On Feb. 19, 2023, Progressive mailed a letter to Burdignon at 1103 Hazelnut Drive. This letter informed her that her auto insurance policy for a 2010 Hyundai Tucson had been canceled on that day due to non-payment of monthly premiums, the affidavit said.
On the afternoon of March 9, 2023, Burdignon’s vehicle was involved in a three-vehicle traffic crash in New Jersey. A New Jersey police crash investigation report was completed by an officer with the Rumson N.J. Police Department. The crash report showed Burdignon’s mother as the driver at fault. It also showed a policy listed which was not in effect at the date and time of the crash, the affidavit said.
On March 14, 2023, Burdignon contacted Progressive over the phone to reinstate her auto insurance policy. The reinstatement and “Statement of No Loss” was done through an automated phone system. A document provided by Progressive shows the caller’s input through their phone, the affidavit said.
Three questions regarding whether anyone in Burdignon’s household had been in an accident or had property damaged while listed on the policy were then asked. She answered “no” to all of them and answered “yes” to the machine’s acknowledgement message, the affidavit said.
On March 28, Progressive was made aware of this loss via a Subrogation Demand Package. The demander was listed as New Jersey Manufacturers Insurance Company, which was the insurance carrier for the other party involved in the traffic accident. The responder was listed as Progressive Casualty Insurance Company, the affidavit said.
This demand package showed New Jersey Manufacturers Insurance Company sought $3,620.19 from Progressive to cover damage repairs for their insured vehicle. Upon receiving this Demand Package, Progressive opened and generated a claim, the affidavit said.
On April 7, a recorded call between Burdignon and a Progressive representative was conducted. During this call, she stated her mother took her vehicle without her knowledge and was subsequently involved in a traffic crash in New Jersey. She claimed she was not aware her mother had been involved in a traffic accident until she received a letter in the mail showing her mother as the driver at fault, the affidavit said.
Burdignon voluntarily brought up the fact that her auto insurance policy had lapsed on Feb. 19 and was reinstated on March 14. She also confirmed with the representative that the traffic crash happened on March 9. She commented that since her coverage lapsed at the time of the traffic accident, she assumed her vehicle would not be covered, the affidavit said.
The representative told Burdignon that was not the case, and her vehicle would most likely be covered. Burdignon stated she did not understand how her vehicle would be covered since the policy was lapsed at the time of the traffic crash. The representative basically told her that she did not understand how this works and that Progressive needed to speak with her mother, the affidavit said.
Burdignon continued trying to explain how she did not understand how her vehicle would be covered if her policy lapsed at the time of the traffic crash. She also stated that if her vehicle was not covered and her mother was the party at fault, she assumed she would be responsible for the damage to all vehicles involved. The representative confirmed that would be the case, the affidavit said.
At that point, Burdignon still seemed confused as to what she was being told and asked if the claim could be withdrawn. The representative told her the claim could not be withdrawn, which added to Burdignon’s confusion, the affidavit said.
On Jan. 10, 2024, two detectives with the Department of Financial Services obtained a statement from Burdignon at her residence. She admitted that she told Progressive her mother had taken her vehicle without her permission, but that she knew her vehicle was in New Jersey with her mother, the affidavit said.
The native of Brazil went on to explain her mother had an illegal immigration status at the time, and to provide for herself, Burdignon allowed her mother to drive the vehicle. She bought the vehicle in Leesburg about 16 years ago. Shortly after buying it, her mother drove it to New Jersey where she lived at the time and remained the primary driver of the vehicle for about 10 years, the affidavit said.
Burdignon confirmed that March 9 was the date her mother was involved in the traffic crash in New Jersey. She told Progressive she was not aware of this until after receiving a letter in the mail, the affidavit said.
However, during the interview, Burdignon admitted that she was aware of the traffic crash immediately after it happened because her mother called her from the scene. During this call, she told her mother the auto insurance was inactive. She reinstated her policy on March 14 and confirmed she received a phone call from Progressive on March 28, the affidavit said.
When discussing the phone call, Burdignon stated, “I didn’t say the right things. I lied. I knew about the accident, I knew where the car was, I knew about everything. Unfortunately, I lied.”
She went on to say that she felt bad because she initially did not tell the truth and that it taught her a lesson. She stated she must learn the hard way. She continued by saying that if anyone approached her about this matter, she would tell the truth and deal with the consequences of her actions, the affidavit said.
The affidavit of probable cause was signed on Jan. 19, and she turned herself to the Lake County Jail this past week. She was charged with fraud (false statement on motor vehicle insurance application) before being released for posting $2,000 bond.
