A San Jose man was sentenced today to 60 days in county jail for trying to profit from his road rage by submitting to his insurance company a claim for damage he caused to his own car.
Prosecutors said Ken Pham Tran, 53, told Progressive Insurance Co. that the damage to his white Jeep Wrangler Rubicon was caused by an accident. It happened because he repeatedly slammed on his brakes in front of a semi-truck he thought had cut him off on the freeway. Finally, the truck driver – unable to stop – struck the back of the Jeep, according to prosecutors.
Tran was convicted by a jury last month after a trial for felony insurance fraud, felony vandalism and reckless driving.
“Road rage. Reckless driving. Insurance fraud. This person made a lot of bad decisions,” District Attorney Jeff Rosen said in a statement after the sentencing. “Count to 10 before you commit fraud in Santa Clara County.”
“Road rage doesn’t pay,” said state Insurance Commissioner Ricardo Lara. “Crimes like these jeopardize public safety and increase insurance cost for consumers and businesses. I applaud the work of our detectives and investigators which is essential in protecting California drivers and holding offenders accountable.”
Investigators presented evidence that showed that on Jan. 28, 2025, Tran was driving on Highway 101 near the Alum Rock Avenue onramp when he got into a road rage incident, captured on the commercial truck’s dashcam.
Furious because he felt he had been cut off, Tran caught up to the semi-truck at the Story Road underpass and "brake checked" two times, slamming on his brakes just in front of the truck. The semi-truck driver tried to change lanes to avoid the Jeep, but Tran maneuvered his vehicle to stay in front of the truck and "brake checked" the truck a third time. This time, the truck driver was unable to stop and rear-ended the Jeep.
Fearing that the defendant would cause an accident, an independent witness called 911 to report the reckless driving. Tran also called 911 and reported the truck driver for a hit-and-run accident. In his statement to police, Tran lied and said he was stopped for traffic when he was rear-ended. The defendant then made an insurance claim where he omitted his unsafe driving.
In addition to the 60-day jail sentence imposed on June 10, Tran must pay Progressive Insurance $1,200 in restitution, and $3,001 to Bill Jacobsen Trucking.
