Best Insurance Fraud Lawyers in Aberdeen

About Insurance Fraud Law in Aberdeen, United Kingdom

Insurance fraud in Aberdeen is dealt with under Scots law. It covers any dishonest act intended to obtain a benefit from an insurer or to avoid paying a premium or excess. This can include making a false claim, exaggerating genuine losses, staging or inducing accidents, submitting forged documents, failing to disclose key information when taking out or renewing a policy, or arranging cover through unregulated sellers known as ghost brokers. Both opportunistic wrongdoing and organised schemes are taken seriously.

In Scotland, fraud is primarily a common law crime. Police Scotland investigate, and the Crown Office and Procurator Fiscal Service decides whether to prosecute. In parallel, insurers can apply civil law rules to void policies, refuse claims, recover paid sums, and record suspected fraud on industry databases that may affect your future ability to get insurance.

Why You May Need a Lawyer

You may need a lawyer if you are contacted by Police Scotland about an investigation, invited to a voluntary interview, arrested, or charged. You have the right to legal advice before and during any police interview, and a solicitor can protect your position and help you avoid self-incrimination.

Legal help is also important if an insurer alleges fraud, declines your claim, or seeks to void your policy. A solicitor can assess whether the insurer followed the Consumer Insurance rules for consumers or the Insurance Act rules for businesses, challenge unfair decisions, prepare evidence, and take a complaint to the Financial Ombudsman Service or the courts if appropriate.

If you are a claimant in a personal injury or property claim and the defender raises fraud or exaggeration, legal representation is critical to address the allegation, manage surveillance or social media evidence, and avoid procedural missteps that can harm your case and lead to liability for the other side’s expenses.

Businesses and professionals may need advice where internal fraud is suspected, where a claim involves multiple parties and complex supply chains, or where there is a risk of confiscation proceedings and director disqualification if a criminal conviction follows.

Local Laws Overview

Criminal law in Scotland treats fraud as a common law offence that can be prosecuted on a summary or solemn basis. The essentials of the offence are a false pretence, a definite practical result, and a causal link between the two, proved beyond reasonable doubt and corroborated by two independent sources of evidence. Related offences can include uttering forged documents, embezzlement, and obtaining services by deception. The Proceeds of Crime Act 2002 allows confiscation of criminal benefit after conviction.

Police Scotland investigate alleged insurance fraud in Aberdeen. Cases are reported to the Procurator Fiscal for a decision on prosecution. Proceedings usually take place in Aberdeen Sheriff Court for most cases, with more serious allegations heard on solemn procedure or in the High Court of Justiciary. Possible outcomes include diversion, warnings, fiscal fines, or prosecution to verdict.

Civil insurance law across Scotland includes the Consumer Insurance Disclosure and Representations Act 2012 for consumer policies and the Insurance Act 2015 for non-consumer policies. Consumers must take reasonable care not to make a misrepresentation. Businesses must make a fair presentation of the risk. If a claim is fraudulent, insurers can refuse the claim and may treat the policy as terminated from the date of the fraud, often keeping the premium. Honest claims are still payable, but any dishonest element can jeopardise the whole claim.

Data and market practices matter. Insurers use shared databases such as the Claims and Underwriting Exchange and fraud prevention registers like CIFAS to detect patterns. Decisions can be challenged and corrected through subject access requests and dispute processes. Regulatory oversight of insurers and intermediaries is carried out by the Financial Conduct Authority. Complaints about insurer decisions can be taken to the Financial Ombudsman Service for most consumers and micro-businesses.

Motor-related insurance fraud, such as staged collisions, induced accidents, or ghost broking, receives particular focus. Police Scotland and insurers work with national bodies such as the Insurance Fraud Bureau and the Motor Insurers Bureau to investigate and prevent such schemes.

Frequently Asked Questions

What counts as insurance fraud in Scotland?

Any dishonest conduct intended to obtain a benefit from an insurer or avoid paying a premium can be fraud. Examples include inventing or inflating losses, using forged invoices or repair quotes, hiding pre-existing damage, giving false information at policy inception, staging a road traffic collision, or claiming for items not owned. Both the criminal courts and civil courts can deal with the consequences.

Who investigates and prosecutes insurance fraud in Aberdeen?

Police Scotland investigates. The Crown Office and Procurator Fiscal Service decides whether to prosecute. Insurers also conduct internal investigations and may appoint loss adjusters or specialist investigators. Civil disputes can be raised in Aberdeen Sheriff Court or the Court of Session, depending on value and complexity.

Does the Fraud Act 2006 apply in Scotland?

No. The Fraud Act 2006 does not apply in Scotland. Fraud is primarily a common law offence in Scotland, supported by other statutory tools and procedures. Civil insurance rights and remedies for consumers and businesses are governed by UK-wide statutes that do extend to Scotland.

What are the possible criminal penalties for insurance fraud?

Penalties vary with seriousness and include fines, a community payback order, or imprisonment. On solemn procedure for serious cases, the court has wide sentencing powers. The court can also make confiscation orders under the Proceeds of Crime Act 2002 to recover criminal benefit.

Can an insurer refuse my claim if only part of it is dishonest?

Yes. Under the law, a fraudulent claim can lead to refusal of the entire claim and termination of the policy from the date of the fraud. Even if some losses are genuine, dishonesty can put the entire claim at risk. It is vital to ensure all information is accurate and complete.

What is the difference between a mistake and fraud?

A genuine mistake or an honest misunderstanding is not fraud. Fraud involves deliberate dishonesty. Insurers and courts will consider what a reasonable person would have done, the clarity of the questions asked, the evidence available, and whether the misstatement was intentional or reckless.

Do I have a right to a solicitor at a police interview?

Yes. In Scotland you have the right to legal advice before and during a police interview. You can ask to speak to a solicitor and have them present. You also have the right to remain silent, although choosing to answer questions with the support of a solicitor may be in your interests depending on the facts.

What should I do if my insurer alleges fraud and refuses my claim?

Ask for a clear written explanation and copies of the evidence relied on. Provide your own evidence such as receipts, photographs, repair reports, telematics data, or witness details. Seek advice from a Scottish solicitor. If you remain dissatisfied and you are eligible, you can complain to the Financial Ombudsman Service after completing the insurer’s complaints process.

Will a fraud marker affect my ability to get insurance in future?

Yes. Fraud markers on industry databases can make it harder or more expensive to obtain insurance and credit. If you believe a marker is inaccurate, you can request the data, challenge it, and ask for correction. Legal advice can help if the insurer refuses to amend or remove it.

What is ghost broking and how can I avoid it?

Ghost broking is the sale of bogus or invalid insurance policies by unregulated sellers. Victims often discover they are uninsured only after an accident or police stop. Use only regulated intermediaries, verify policy documents directly with the insurer, and be wary of unusually cheap deals on social media or messaging apps.

Additional Resources

Police Scotland can take reports of suspected fraud and advise on immediate steps to protect yourself. In an emergency call 999, for non-emergency matters use 101 or local channels.

The Crown Office and Procurator Fiscal Service provides information about the prosecution process in Scotland and victims and witnesses support.

The Law Society of Scotland operates a find a solicitor service and regulates solicitors in Scotland. Look for practitioners experienced in financial crime or insurance litigation.

The Scottish Legal Aid Board provides information about eligibility for legal aid in criminal and some civil matters.

The Financial Ombudsman Service can consider complaints about insurers by consumers and micro-businesses after the insurer issues a final response.

The Financial Conduct Authority regulates insurers and insurance intermediaries, setting conduct standards for claims handling and sales practices.

The Insurance Fraud Bureau works with insurers and law enforcement to tackle organised insurance fraud. The Motor Insurers Bureau provides support in uninsured and untraced driver cases.

Citizens Advice Scotland and Advice Direct Scotland provide free guidance on consumer rights, complaints, and navigating insurer disputes.

The Scottish Courts and Tribunals Service provides practical information about Aberdeen Sheriff Court and court procedures.

Next Steps

Preserve evidence immediately. Keep photographs, receipts, medical reports, dashcam footage, location data, and communications with the insurer or third parties. Make a note of dates, times, and names of people you spoke to.

Do not guess or speculate. Provide only accurate information to insurers and investigators. If you do not know an answer, say so and follow up with documents when available.

Seek early legal advice from a Scottish solicitor experienced in insurance fraud. Ask about urgent steps, how to handle any police interview, and how to respond to the insurer’s allegations or requests for information.

If contacted by Police Scotland, assert your right to a solicitor before any interview. If you receive a citation or complaint, do not ignore it. Missing deadlines can seriously harm your position.

Engage with the insurer’s complaints process if you disagree with a decision. Keep to the stated timelines. If the outcome remains unfavourable and you are eligible, escalate to the Financial Ombudsman Service.

Consider data checks. Request your information from the insurer and relevant fraud databases. Challenge any inaccuracies promptly and in writing.

Review your insurance needs going forward. If a policy has been voided, take advice before obtaining new cover, answer application questions carefully, and disclose any required information to avoid further issues.

If you are a business, review anti-fraud controls, supplier due diligence, driver training and telematics use, and incident reporting protocols. Strong governance can reduce risk and support your defence if an allegation arises.

Throughout, keep communication professional and documented. With the right preparation and advice, many disputes can be resolved without prosecution or litigation, and where proceedings do occur, a well prepared defence can make a decisive difference.