A TU student reports the theft of his bicycle on the Mekelweg, while he has just sold the item elsewhere. Such reports occur more frequently than insurers care to admit and lead to higher premiums for all residents of Delft.
Different Types of Insurance Fraud
1. Fictitious Damage Claim
The most serious variant: an accident or theft that never occurred. Consider a reported collision on the Phoenixstraat that was in fact staged. False documents and witness statements make the evidence difficult to refute.
2. Exaggeration of Actual Damage
A real event is inflated. Examples:
- Household contents claims for items that were never present in the dwelling on the Oude Delft
- Repair quotations that deviate substantially from reality
- Compensation for pain and suffering for injuries that prove to be lighter than reported
3. Non-Disclosure at Inception
Intentional non-disclosure falls under the duty of disclosure (mededelingsplicht, article 7:928 BW). Only upon proven deception does it shift to fraud.
4. Identity Fraud
Policies in the names of deceased persons or claims under false identity, often linked to fund flows through international student networks.
5. Organised Fraud
Networks that stage accidents, supply false medical documents and collaborate with garages. Damage per case runs into tens of thousands of euros. The CIS and the police cooperate with insurers to map these structures.
How Insurers Detect Fraud
Modern techniques make detection increasingly effective:
- Big-data analysis: patterns in claim frequency and location
- CIS check: verification against the central database
- Social-media investigation: inconsistencies on Instagram or LinkedIn
- Surveillance: private investigators recording movements
- Internal fraud departments: every major insurer maintains one
Consequences upon Discovery
Civil Law
- Recovery of amounts paid out
- Extrajudicial costs borne by the party concerned
- Policy termination and exclusion by other insurers
- CIS registration for five to eight years
Criminal Law
Insurance fraud falls under fraud (oplichting, article 326 Sr): a maximum of four years’ imprisonment or a fine of up to € 90,000. In organised forms, article 140 Sr may result in six years. The Public Prosecution Service (OM) takes reports from the Den Haag region seriously.
Professional and Social Impact
A conviction may lead to refusal of a certificate of conduct (VOG), difficulties with mortgages and exclusion from financial professions.
Wrongful Accusation: What Now?
Insurers sometimes make mistakes. In the event of an accusation:
- Request written substantiation
- Respond factually with evidence
- Consult a lawyer immediately
- Consider proceedings before Kifid or the Rechtbank Den Haag
- Request removal in the case of wrongful CIS registration
The Juridisch Loket Delft or the office of Arslan at Phoenixstraat 16, 2611 AL Delft (070 - 4500 300) can assist with the initial steps.
Conclusion
Improved detection makes fraud increasingly risky. The average yield per case (€ 1,500) rarely outweighs the long-term consequences for your financial and professional future.