Falsely Accused of Insurance Fraud in Rotterdam

Falsely Accused of Insurance Fraud in Rotterdam

Has your insurer accused you of fraud? This can have far-reaching consequences: your claim is rejected, your policy cancelled, and you may end up in the fraud register. But not every accusation is justified. This article explains your rights and how to defend yourself.

What is the fraud register?

Insurers record fraud in two systems:

• Incident Register: Internal register of the insurer for suspicious claims.
• External Reference Register (EVR): National register consulted by all insurers.

Registration in the EVR has major consequences: you may be unable to obtain insurance for up to eight years, or only at very high premiums.

When may an insurer register you?

An insurer may only register you if strict conditions are met:

• There must be a well-founded suspicion of fraud
• The registration must be proportionate
• You must be informed in advance
• The insurer must have conducted a thorough investigation

Your rights when accused of fraud

• Right to access: You may view the complete investigation file.
• Right to be heard: You must be given the opportunity to tell your side.
• Right to object: You can object to the registration.
• Right to removal: Wrongful registrations must be removed.

Step 1: Request the file

Send a letter to your insurer requesting:

• Access to the complete investigation file
• The grounds for the fraud accusation
• Information about any registrations

Under GDPR, the insurer must respond within four weeks.

Step 2: File an objection

Submit a written objection in which you:

• Refute the accusation with arguments
• Provide evidence for your version of events
• Request removal from registers

Step 3: Complaint to Kifid

If the insurer rejects your objection, you can file a complaint with Kifid (Financial Services Complaints Institute):

• Cost: €50 (refunded if complaint is upheld)
• Processing time: 3-6 months
• Binding advice possible

Step 4: Go to court

If Kifid offers no solution, you can go to court. You can claim:

• Removal from registers
• Payment of the claim
• Compensation for damages suffered

Summary: your action points

1. Request the complete file immediately
2. Don't respond impulsively to accusations
3. Gather evidence for your version of events
4. Seek legal help
5. File an objection with the insurer
6. If necessary, file a complaint with Kifid