Best Insurance Fraud Lawyers in Hasselt

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Founded in 1980
9 people in their team
English
Dehaese & Dehaese Advocatenkantoor provides multidisciplinary legal services from offices in Hasselt and Geel, with teams organized around specialised practice areas including corporate law, construction and real estate, insurance and liability, insolvency, family law and mediation. The firm...
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About Insurance Fraud Law in Hasselt, Belgium

Insurance fraud in Hasselt, Belgium is treated as a serious matter that can trigger both criminal prosecution and civil consequences. Typical situations include intentionally misrepresenting facts during the application process, staging or exaggerating losses, using forged documents, or concealing material information that affects cover. Although investigations and court hearings may take place locally in Hasselt, the rules that apply are primarily federal Belgian law, complemented by sectoral rules for insurers and consumer protection rules. Outcomes can include refusal of cover, policy termination, repayment of amounts already paid, administrative listings within industry databases, criminal fines, and imprisonment in severe cases.

Belgian law draws a clear line between intentional fraud and honest mistakes. Good faith errors can still have financial consequences under the insurance contract, but they are not treated the same as deliberate deception. Because every policy and fact pattern is different, early legal advice is often crucial to protect your rights and reduce exposure.

Why You May Need a Lawyer

You may need a lawyer in Hasselt for insurance fraud issues when any of the following apply: you receive a fraud allegation from an insurer after a claim; the insurer appoints an investigator, requests an in-depth statement, or asks you to sign documents you do not fully understand; the police invite you for an interview or you are searched or summoned in relation to a suspected staged accident, theft, arson, health or income protection claim irregularity, or inflated repair bill; the insurer refuses to pay and terminates your policy citing misrepresentation or deception; you are listed in an industry fraud or risk database that affects your ability to obtain insurance; you are a broker, repairer, medical professional, or contractor caught up in a fraud probe connected to a client or claim; you wish to voluntarily correct an error made in your proposal or claim and want to limit consequences; you have been charged and need representation before the correctional court in Hasselt.

A lawyer can assess criminal exposure versus purely contractual issues, manage communications with the insurer and the police, preserve and present exculpatory evidence, challenge unlawful data processing or intrusive investigative tactics, negotiate civil settlements or conditional discontinuance, and represent you in court if needed.

Local Laws Overview

Criminal law framework: Insurance fraud is prosecuted under Belgian criminal law provisions that cover fraud, forgery, and use of forged documents. Deliberately deceiving an insurer to obtain payment can amount to fraud. Producing or using false invoices, repair reports, medical certificates, or purchase documents can bring forgery charges. Penalties can include fines and imprisonment, with severity depending on the facts and prior record. The public prosecutor in Limburg can bring charges before the correctional court in Hasselt. Belgian procedural rules grant important rights during questioning, including the right to consult a lawyer and to have a lawyer present during certain interviews.

Insurance contract law framework: The Law of 4 April 2014 on Insurance governs the relationship between policyholders and insurers. During the application, the policyholder must answer the insurer’s questions truthfully and completely. After a loss, the insured must cooperate with the investigation and provide accurate information. Intentional misrepresentation can lead to sanctions such as refusal of cover, policy nullity or termination, and repayment of paid indemnities. Good faith inaccuracies typically lead to proportional adjustments rather than total loss of cover. Policy wording matters, especially clauses on fraud, forfeiture of rights, and cooperation duties.

Administrative supervision and complaints: Conduct oversight of insurers falls under the Financial Services and Markets Authority, while prudential supervision is handled by the National Bank of Belgium. Consumers can also turn to the Insurance Ombudsman for independent complaints handling when a dispute with an insurer is not resolved. None of these bodies replace the courts or the police, but they provide avenues for accountability and redress.

Data and privacy in investigations: Belgian insurers may consult sector databases managed by Datassur, including registers related to risk signals or claims history. Being flagged can affect your ability to obtain or renew insurance. You have rights under EU GDPR and Belgian privacy law to access, correct, or contest your data. Investigations must respect privacy and data minimization rules. Surveillance, social media checks, and medical reviews must be lawful and relevant to the claim.

Procedure in Hasselt: If the police in Hasselt or the Limburg prosecutor’s office investigate, you may be invited for an interview or receive a summons. You can request a copy of the criminal file after you are charged, subject to procedural stages. Civil disputes about cover or repayment can be litigated separately in the civil courts. In some situations, a negotiated outcome is possible, such as a settlement with the insurer or a financial transaction with the prosecutor when the law allows it and the prosecutor agrees.

Time limits: Criminal prosecution for standard correctional offences generally becomes time barred after several years, subject to suspension and interruption rules that can extend the period. Contractual disputes often have different limitation periods. Because limitation analysis is technical, obtain advice promptly.

Frequently Asked Questions

What counts as insurance fraud in Belgium?

Insurance fraud generally means deliberately deceiving an insurer to obtain a benefit you are not entitled to, such as staging a loss, exaggerating damage, hiding pre-existing conditions, using forged or altered invoices, or giving false statements about how an incident occurred. Honest mistakes are treated differently from intentional deception, but they can still affect cover.

I received a letter from my insurer in Hasselt accusing me of fraud. What should I do?

Do not ignore it. Avoid giving a detailed written statement before you have legal advice. Preserve all documents, photos, receipts, device data, and communications. Ask the insurer to specify the suspected inconsistencies. Consult a lawyer in Hasselt to manage communications and assess criminal and contractual exposure.

Can the police question me without a lawyer present?

You have the right to consult a lawyer before your first police interview and, depending on the situation, to have a lawyer present during the interview. If you are invited or taken for questioning in Hasselt, invoke your right to speak with a lawyer. You also have the right to remain silent.

What are the possible criminal penalties for insurance fraud?

Penalties depend on the facts and charges, but can include significant fines and imprisonment in serious cases, especially where forgery or organized schemes are involved. First time and lower harm cases may lead to alternative outcomes, such as conditional dismissal or a settlement, depending on prosecutorial policy and restitution.

Can my insurer refuse my claim for an honest mistake?

If the mistake is in good faith, Belgian insurance law typically allows the insurer to adjust the contract or the indemnity proportionally rather than fully deny cover. If the mistake is intentional and material, the insurer may refuse cover, terminate the policy, and seek repayment of sums already paid.

What is Datassur and how can it affect me?

Datassur manages sector databases used by Belgian insurers to assess risk and combat fraud. A risk signal record can make it harder to get insurance or may increase premiums. You have rights to access and correct your data. A lawyer can help request your file, challenge unlawful entries, and present evidence to clear or contextualize a flag.

Will I get a criminal record if my case is settled with the insurer?

A civil settlement with the insurer does not automatically end or prevent criminal proceedings. The prosecutor decides whether to prosecute. In some cases, a criminal financial settlement may be possible and can avoid a conviction. Your lawyer can assess options with the prosecutor and the insurer.

How long do insurance fraud investigations take in Hasselt?

Timelines vary widely. Insurer investigations can take weeks to months. Criminal investigations can take several months or longer, especially if expert reports are needed. Delays may occur due to court schedules and workload at the Limburg prosecutor’s office.

Can the insurer access my medical records?

Insurers can request relevant medical information to assess a claim, often through a medical advisor, but access must be limited to what is necessary and lawful. Broad fishing expeditions are not allowed. Consent, purpose limitation, and confidentiality rules apply under Belgian law and GDPR.

What if I am a broker, contractor, or healthcare provider involved in a client’s claim?

You can face scrutiny if your documents or services are used in a suspicious claim. Keep detailed records, cooperate lawfully, and obtain legal advice before making statements. If you are suspected of forgery or complicity, immediate legal representation is essential.

Additional Resources

Balie Limburg - the Bar Association in Hasselt for locating criminal defense and insurance law practitioners.

Bureau voor Juridische Bijstand Limburg - legal aid office that assesses eligibility for partially or fully subsidized legal assistance.

Ombudsman van de Verzekeringen - independent body that handles consumer complaints about insurers after internal complaints have failed.

Financial Services and Markets Authority - conducts oversight of market practices and consumer protection in the insurance sector.

National Bank of Belgium - responsible for prudential supervision of insurers operating in Belgium.

Gegevensbeschermingsautoriteit - Belgian Data Protection Authority for complaints and guidance on GDPR rights related to investigations and databases.

Lokale Politie Limburg Regio Hoofdstad - local police service for reporting suspected criminal activity and for inquiries about ongoing files.

Parket Limburg - the public prosecutor’s office that handles criminal prosecutions in the Hasselt area.

Next Steps

Act quickly but carefully. If you receive a fraud allegation or investigation notice in Hasselt, contact a lawyer experienced in both criminal defense and insurance law. Before any interview, exercise your right to consult counsel. Do not sign statements or releases you do not understand.

Gather and preserve evidence. Keep policy documents, proposal forms, claim forms, correspondence with the insurer and intermediaries, photos, repair estimates, invoices, medical notes, GPS or device data, and witness details. Create a timeline of events while memories are fresh. Do not alter or fabricate documents.

Manage communications strategically. Route insurer and investigator communications through your lawyer where possible. Request clarity on what is being investigated and the basis for any refusal of cover or termination. If you are flagged in an industry database, request access to your data and consider a correction request with legal support.

Evaluate resolution options. Your lawyer can explore civil settlements with the insurer, repayment plans, policy reinstatement where possible, and in suitable cases a criminal transaction or other diversion to avoid a conviction. Where litigation is necessary, your lawyer will prepare your defense and protect your rights in court in Hasselt.

Mind deadlines. Insurance policies set short reporting and cooperation deadlines. Criminal and civil time limits may also apply. Prompt action preserves options and strengthens your position.

If in doubt, ask. Insurance fraud issues mix contract law, criminal law, and privacy law. A focused consultation with a Hasselt-based lawyer can clarify risks and next steps tailored to your situation.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.