Best Insurance Fraud Lawyers in Ommen

About Insurance Fraud Law in Ommen, Netherlands

Insurance fraud in Ommen is governed by Dutch national law. It covers any intentional act to obtain an insurance benefit you are not entitled to, such as inflating a loss, staging an accident, submitting forged invoices, misrepresenting facts on a claim, or hiding information that would affect a payout. Insurers in the Netherlands actively investigate suspected fraud and may share information with sector-wide registers. If the authorities believe a crime has been committed, you can face a criminal investigation and prosecution.

Both individuals and businesses can be accused of insurance fraud. Although Ommen is a smaller municipality, your case will follow the same rules that apply across the Netherlands, with local handling by the regional police, prosecutors, and the District Court of Overijssel.

Why You May Need a Lawyer

You may need legal help if your insurer has flagged your claim as suspicious, invited you for an interview with a special investigations unit, or requested extensive documentation that could be used to allege fraud. Early advice helps you avoid inconsistent statements and protect your rights.

Legal support is also important if you receive a letter denying your claim for suspected fraud, if your policy is cancelled, or if you are told you will be registered in sector databases that can make future insurance difficult. A lawyer can challenge the decision, negotiate with the insurer, and escalate the matter to a dispute body or court if needed.

If the police contact you, if you are summoned as a suspect, or if you receive a penal order, you should get immediate criminal defense advice. Statements you make to an insurer can be shared with law enforcement. A lawyer can prepare you for interviews, review the file, and present evidence that supports your version of events.

Businesses facing suspected fraud related to fleet, property, liability, or health insurance should consult counsel to manage internal responses, preserve evidence, deal with employee issues, and protect regulatory and reputational interests.

Local Laws Overview

Criminal law applies nationwide. Most insurance fraud allegations are prosecuted under the Dutch Penal Code as fraud, known as oplichting, in article 326. Related offenses can include forgery of documents in article 225 and money laundering if proceeds are involved. Possible penalties include fines, community service, and imprisonment. Attempt and aiding can also be punishable.

Civil and insurance contract rules are found in the Dutch Civil Code, Book 7, Title 17. Key points include the duty of disclosure when taking out insurance, consequences for misrepresentation, the insurer’s right to refuse or recover a claim obtained through fraud, and the general limitation periods to bring claims. The standard limitation for claims under an insurance contract is often three years from when you became aware you could claim, but interruption rules can extend this. Ask a lawyer to calculate your specific deadlines.

Insurers can record incidents in sector registers. The Central Information System CIS and the Externe Verwijzingsregister EVR operate under the Protocol Incidentenwaarschuwingssysteem Financiële Instellingen. An EVR listing can last up to eight years in serious cases and can make obtaining insurance very difficult. You have rights under privacy law to access, correct, or challenge entries.

In Ommen, investigations are typically handled by Politie Oost-Nederland and the regional Public Prosecution Service. Court proceedings take place at the District Court of Overijssel, with locations such as Zwolle or Almelo. Civil disputes over coverage can be heard by the district court, and many consumer disputes can be brought to Kifid, the Dutch financial services complaints institute, after completing the insurer’s internal complaints process.

Frequently Asked Questions

What counts as insurance fraud in the Netherlands

Insurance fraud is any intentional deception to obtain a benefit you are not entitled to. Examples include exaggerating damage, submitting forged invoices or medical reports, staging a theft or accident, lying about prior losses, or hiding facts that would affect cover. Honest mistakes without intent to mislead are not fraud but can still lead to claim adjustments.

I made a mistake on my claim. Is that fraud

Not every error is fraud. Fraud requires intent to deceive. If you spot an error, correct it as soon as possible and keep records of the correction. Insurers will look at your explanations, supporting documents, and the size and nature of the discrepancy. A lawyer can help you present your correction and reduce the risk of a fraud label.

Can my insurer cancel my policy and deny my claim

Yes. If the insurer concludes you committed fraud, it can deny the claim, cancel the policy, reclaim paid amounts, and pass costs of investigation. It can also record the incident in CIS and EVR. You can challenge these steps through the insurer’s complaints process, Kifid, and the civil courts.

Will I get a criminal record

If the police investigate and the prosecutor pursues the case, you could receive a penal order or face court. A conviction or accepted penal order appears on your criminal record for a period set by law. Not every fraud allegation becomes a criminal case. Early legal advice can help avoid escalation or achieve a favorable outcome.

How long can I be listed in EVR or CIS

Serious cases can lead to an EVR listing for up to eight years. CIS entries can also last up to eight years. You have the right to request access to your data, ask for correction or deletion, and challenge proportionality. If the insurer refuses, you can take the matter to Kifid or court.

Should I talk to the insurer’s investigator

You usually must cooperate with reasonable information requests under your policy. However, you are not required to incriminate yourself. Ask for the questions in writing, request the basis for suspicion, and seek legal advice before interviews or signing statements. Keep copies of everything you submit.

Can I object to a penal order or summons

Yes. If you receive a penal order, you can file an objection within a short deadline, typically 14 days from service. If you are summoned to court, you can contest the charges and present evidence. A criminal defense lawyer can review the file, advise on strategy, and represent you in hearings.

What evidence do insurers use to allege fraud

Common sources are claim forms, invoices, metadata, photos, social media, telematics, phone records, repair reports, witness statements, and database checks. Insurers may conduct interviews or site visits. If you dispute the allegation, request the underlying evidence and the insurer’s reasoning in writing.

Can businesses be accused of insurance fraud

Yes. Companies can face allegations regarding fleet accidents, staged thefts, inflated business interruption losses, or falsified liability claims. Consequences include claim denial, policy cancellation, EVR listing of responsible persons, and criminal prosecution of individuals. Legal guidance helps coordinate internal responses and defend the claim.

Is Kifid an alternative to court

For many consumer insurance disputes, you can bring a complaint to Kifid after completing the insurer’s internal process. Kifid can review claim denials and EVR or CIS registrations. Check eligibility, deadlines, and whether the ruling will be binding in your case. Complex or high value cases may be better suited for court.

Additional Resources

Juridisch Loket - Government funded first line legal information and referrals for residents, including those in Ommen.

Raad voor Rechtsbijstand - Legal aid board that assesses eligibility for subsidized legal assistance based on income and assets.

Politie Oost-Nederland - Regional police unit handling financial and property crime investigations.

Openbaar Ministerie - Public Prosecution Service responsible for bringing criminal cases to court.

Rechtbank Overijssel - District Court for criminal and civil cases arising in the Ommen region.

Kifid - Dutch financial services complaints institute for consumer disputes with insurers.

Verbond van Verzekeraars - Dutch Association of Insurers providing sector guidance on fraud prevention.

Stichting CIS - Central Information System that stores incident and claims data consulted by insurers.

Autoriteit Persoonsgegevens - Dutch Data Protection Authority for privacy rights and complaints about sector registers.

De Vereende - Insurer of last resort that may offer cover to customers who cannot obtain standard insurance after EVR or CIS listings.

Next Steps

Document everything. Create a timeline of events, keep copies of policies, correspondence, photos, invoices, and any evidence that supports your claim. Do not alter or discard documents.

Ask your insurer for clarity. Request the reasons for suspicion, the evidence relied upon, and whether they plan to register you in CIS or EVR. Ask for their internal complaints procedure and deadlines.

Get legal advice early. A lawyer can help you respond to information requests, prepare for interviews, and challenge claim denials or proposed registrations. If you qualify, ask about subsidized legal aid.

Mind deadlines. Complaints to the insurer and Kifid have specific time limits. If you receive a penal order, object quickly, typically within 14 days. Court summons and civil limitation periods also have strict timelines.

Consider settlement options. In some cases, clarifying errors, providing additional documentation, or agreeing on a partial settlement can resolve the matter without long term consequences.

Challenge registrations where appropriate. Use your privacy rights to access your data in CIS or EVR and request correction or removal if registration is inaccurate or disproportionate. Escalate to Kifid or court if needed.

Prepare for criminal procedures if applicable. Do not attend police interviews without understanding your rights to silence and counsel. A defense lawyer can request the file, advise on statements, and pursue dismissal or acquittal.

Protect future insurability. If you face a listing, discuss interim cover options with a broker and steps to shorten or remove listings, such as demonstrating rehabilitation and addressing the insurer’s concerns.

If you are in Ommen, a local or regional lawyer familiar with Dutch insurance and criminal law can guide you through the specific practices of insurers, police, prosecutors, and the District Court of Overijssel.

This guide is general information. For advice on your situation, consult a qualified Dutch lawyer.