A fraud investigation in a personal injury case is for many victims the turning point in their case. Where liability was initially acknowledged, the insurer suddenly claims that your complaints are not genuine. Observations, social media research and internal reports are deployed to reject your personal injury claim. It is precisely at that moment that many legal representatives give up. Not at Arslan Advocaten.
We combine years of experience in personal injury cases with in-depth expertise in insurance law. That combination is rare and makes the difference in a fraud investigation in a personal injury case.
What is a fraud investigation in a personal injury case?
In a fraud investigation in a personal injury case, an insurer suspects that a victim is exaggerating or misrepresenting their complaints. On that basis, the insurer attempts to:
- reject the personal injury claim;
- stop ongoing payments;
- reclaim damages already paid;
- put pressure on the victim to settle.
The consequences are significant, both financially and emotionally.
Why fraud investigations occur so frequently in personal injury cases
A fraud investigation in a personal injury case occurs particularly in files where the damage is substantial or recovery takes longer than expected. Insurers focus particularly on:
- whiplash complaints;
- neck and back injuries;
- psychological complaints;
- disputes about medical causality;
- loss of earning capacity.
Instead of a substantive assessment of the injury, the focus shifts to the credibility of the victim.
Observation and social media in fraud investigations in personal injury cases
In a fraud investigation in a personal injury case, insurers often engage private investigation agencies. These agencies conduct, among other things:
- observations in public spaces;
- video and photo recordings;
- research into social media activities;
- analysis of daily activities.
What we often see is that isolated moments are taken completely out of context. This leads to conclusions that are legally and medically untenable.
Fraud investigation in personal injury cases is legally complex
A fraud investigation in a personal injury case sits at the intersection of multiple areas of law:
- personal injury law;
- insurance law;
- law of evidence;
- privacy law;
- procedural law.
It is precisely this complexity that causes many personal injury lawyers to give up as soon as the word "fraud" is mentioned.
Our unique combination: personal injury and insurance law
Arslan Advocaten is unique in this regard. We not only handle personal injury cases, but have also been litigating in insurance law for years. We have assisted clients who were unjustly accused of fraud by insurers.
As a result, we know exactly:
- how a fraud investigation in a personal injury case is structured;
- where insurers go too far legally;
- when observation is unlawful;
- how evidence must be assessed;
- which procedures are effective.
Where other lawyers give up, we go on the attack
In practice, we see that files are closed as soon as a fraud investigation in a personal injury case begins. Clients are told that their case is "too risky".
That is not our approach. If it is legally defensible, we push forward. Especially then.
Out of court and litigation in fraud investigations in personal injury cases
We always try to resolve disputes out of court first. If that does not succeed, we do not shy away from proceedings. Consider:
- interim injunction proceedings when payments are stopped;
- proceedings on the merits against rejection of the personal injury claim;
- interim dispute proceedings when negotiations are deadlocked;
- preliminary expert reports;
- proceedings regarding unlawful observation.
Our litigation experience in insurance cases makes the difference here.
Fraud investigation in personal injury cases and medical causality
A fraud investigation in a personal injury case is often linked to doubt about medical causality. The reasoning of insurers then goes: "someone who can do this, can also work".
That reasoning is legally incorrect. Functioning at a good moment says nothing about structural capacity. You can read more about this on our page medical causality in personal injury.
What does this concretely mean for clients?
Our clients benefit from an approach in which:
- fraud allegations are substantively challenged;
- insurers are legally compelled to show their hand;
- proceedings are not shunned;
- pressure is increased where necessary.
In practice, this often still leads to recognition and compensation.
What should you do in a fraud investigation in a personal injury case?
Are you confronted with a fraud investigation in a personal injury case? Then it is important that you:
- do not make any statements without legal advice;
- keep all correspondence;
- have observation reports critically assessed;
- engage specialised legal assistance in a timely manner.
You can also find more general information on our page personal injury lawyer.
External links (legal context)
In fraud investigations, codes of conduct and guidelines within the insurance industry also play a role, such as those of the Dutch Association of Insurers and independent expertise organisations such as NIVRE.
Why choose Arslan Advocaten?
We do not abandon clients when things get complicated. On the contrary. The combination of personal injury and insurance law makes us distinctive.
Where other lawyers and legal professionals give up in a fraud investigation in a personal injury case, we go full on the attack. Out of court if possible. Through the courts if necessary.
Is your personal injury claim being disputed due to alleged fraud? Please feel free to contact us for a substantive assessment.