In the logistics zones along the A58 and around the Loven industrial estate in Tilburg, situations regularly arise in which a claim is submitted for an event that never occurred. Insurance fraud costs honest premium payers hundreds of millions of euros extra each year, with Tilburg serving as an example of how quickly a local incident can escalate into a nationwide investigation.
What types of fraud occur?
1. Entirely fabricated claims
A loss that never existed is reported, often supported by false documents. Consider, for example, an alleged theft of equipment from a warehouse on Veemarktstraat that had in fact already been sold.
2. Inflated actual losses
The loss is genuine, but the amount claimed is greatly exaggerated. Examples include:
- Household contents lists featuring items that were never present in the dwelling
- Repair quotations that do not provide a realistic representation
- Compensation for pain and suffering in respect of complaints that are in reality temporary in nature
3. Non-disclosure at policy inception
Although non-disclosure technically falls under the duty of disclosure (Article 7:928 BW), intentional deception may nevertheless be classified as fraud.
4. Identity misuse
Policies or claims are taken out in the name of third parties or deceased persons, frequently in combination with money-laundering structures.
5. Organised networks
Criminal groups stage fictitious collisions or accidents, sometimes with the cooperation of fraudulent garages or medical practitioners. In Tilburg’s industrial heartland, amounts per case quickly run into tens of thousands of euros. The CIS and the police cooperate with insurers to expose these chains.
How do insurers detect fraud?
Modern techniques render detection increasingly likely:
- Data analysis: patterns in claim frequency and location are automatically flagged
- CIS check: comparison against the central register
- Social-media investigation: inconsistencies on platforms such as Instagram or Facebook
- Private investigation: surveillance where doubt exists
- Internal fraud departments: every major insurer employs specialists
Civil and criminal consequences
Civil-law sanctions
- Recovery of amounts paid out
- Extrajudicial costs borne entirely by the fraudster
- Termination of the policy and exclusion by other insurers
- CIS registration for five to eight years, visible to all insurers
Criminal-law consequences
Insurance fraud constitutes fraud (oplichting) under Article 326 of the Dutch Criminal Code (Sr), carrying a maximum sentence of four years’ imprisonment or a fine of up to € 90,000. In organised forms, Article 140 Sr may result in up to six years. The Public Prosecution Service takes reports from the Breda region seriously, particularly where higher amounts or repeat offences are involved.
Impact on profession and daily life
A conviction may lead to refusal of a certificate of conduct (VOG), difficulties in obtaining a mortgage and exclusion from financial positions.
Wrongfully accused? What you can do
Insurers sometimes make mistakes. If accused:
- Request written reasons
- Respond factually and with evidence
- Instruct a lawyer immediately before making extensive statements
- Consider proceedings before Kifid or the civil courts
- Request removal in the event of incorrect CIS registration
For advice in Tilburg you may contact the Arslan office at Spoorlaan 350 or Juridisch Loket Tilburg. Proceedings are conducted before the Rechtbank Zeeland-West-Brabant in Breda.
Conclusion
The likelihood of detection has increased substantially in recent years. The average fraud case yields only € 1,500, while the consequences continue for years. The balance between short-term gain and long-term harm is seldom favourable.