Each year, dozens of claims arise around the Maasvlakte and Waalhaven following alleged collisions on the A15 or A20. Insurance fraud remains a growing problem affecting port workers, international drivers and local businesses. The Dutch Banking Association estimates the total additional premium burden at approximately € 950 million per year. Rotterdam insurers and the police are addressing this issue with increasing vigour.
Types of fraud emerging in the port city
Fictitious damage
An accident that never occurred is nevertheless reported. Examples include a reported theft of cargo from a truck that never existed, or a false collision with a vessel in the Waalhaven. Falsified police reports or witness statements are often submitted.
Inflated actual damage
A real incident is reported, but the amounts are substantially increased. Examples:
- Household contents claims for items that were never in the lorry
- Repair quotations that do not correspond to the actual damage to a container
- Compensation for pain and suffering for injuries that are less severe than claimed
Non-disclosure upon taking out the policy
Failure to report prior damage falls under the duty of disclosure (Article 7:928 BW). Only once intentional deception is proven does the matter qualify as fraud.
Identity fraud and identity theft
Claims are submitted under another name or policies are taken out in the names of deceased persons. This occurs in conjunction with cash flows from the port.
Organised networks
Carousel fraud involving deliberately caused collisions on the A20, false medical reports and complicit garages. Damage per case quickly runs into tens of thousands of euros. The CIS and Rotterdam police cooperate with insurers to dismantle these networks.
Detection of insurance fraud in practice
Insurers employ modern techniques:
- Big data analysis: patterns in claims around the Maasvlakte and along the A15
- CIS check: comparison with the central database
- Social media: verification of inconsistencies
- Private investigators: surveillance upon suspicion
- Internal fraud departments: every major Rotterdam insurer maintains such a department
Consequences before the Rechtbank Rotterdam
Civil law
- Recovery of amounts paid out
- Extrajudicial costs borne by the perpetrator
- Policy termination and exclusion by other insurers
- CIS registration for 5–8 years
Criminal law
Insurance fraud falls under fraud by deception (Article 326 Sr): a maximum of 4 years’ imprisonment or a fine of up to € 90,000. In organised forms, Article 140 Sr may lead to 6 years. The Public Prosecution Service treats reports to the Rechtbank Rotterdam seriously, particularly in cases involving large sums.
Professional and social consequences
A conviction may result in loss of a certificate of conduct (VOG), difficulties obtaining mortgages and exclusion from financial professions.
What to do if accused?
Insurers sometimes make mistakes. If accused:
- Request written substantiation
- Respond factually with evidence
- Immediately instruct a lawyer before making any statements
- Register with the Juridisch Loket Rotterdam or apply to the civil court
- Request removal in the event of incorrect CIS registration
A lawyer from Arslan can assist you from the office at Wilhelminaplein 100 in Rotterdam (010 - 4400 400).
Conclusion
Improved detection is making fraud in the Port of Rotterdam increasingly risky. The average claim amounts to € 1,500, yet the consequences remain perceptible for years. Short-term gain rarely outweighs the long-term damage.