If a policyholder wrongly tries to get a payment from an insurance company by making false claims, this is insurance fraud in accordance with Section 263 I StGB. The General Association of the German Insurance Industry assumes that at least 9% of the damage reports from motor vehicle, property and liability insurance and 16% from liability insurance are incorrect. Overall, damage in the single-digit billion range is assumed. The corresponding mistrust is reflected in extensive own research and increasingly frequent criminal charges with the public prosecutor.
Fictitious or provoked car accidents, excessive damage reports (mostly in cooperation with an expert), arson or self-inflicted damage to property are the most common cases in court.
If the insurance company withholds payments and hires its own appraisers or investigators, this is the first sign that the fraud is discovered. Most of the time, the insurance company will file a criminal complaint so that the investigation can also be carried out with the help of the law enforcement agencies. Innocent policyholders quickly become the target of the police and the public prosecutor’s office.
An experienced defense lawyer should therefore be commissioned by this point at the latest. The impending punishment ranges from a fine to 5 years in prison. Once the investigative authorities are convinced of the existence of fraud, it is almost impossible for the layperson to refute this suspicion. A specialized defense attorney can then legally process the facts and then usually achieve the setting. This saves time, nerves and ultimately costs.
Lawyer Andreas Junge has been a specialist lawyer for criminal law since 2008 and is also a certified consultant in criminal tax law. He has already successfully defended the interests of his clients in countless white-collar criminal proceedings nationwide and, above all, brought a large number of proceedings to an end. Even in the case of convictions, the financial future of those affected could be secured through appropriate payment agreements.
Just send your questions by e-mail or call his office. This is located in Berlin-Charlottenburg, directly on Kurfürstendamm. There is also a branch in Cottbus. Quick contact is also possible on 01792346907, the usual messenger services are available.
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