Insurance fraud

Compensation extortion in Polish reality is not a rare situation. The cost of some insurance is small, and the compensation for the damage can be significant. In such a situation, the perpetrator may decide to cause the event in order to obtain compensation, i.e. committing or attempting the crime of insurance fraud.

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Insurance fraud – what does it consist of?

Pursuant to Art. 298 k.k. who, in order to obtain compensation under the insurance contract, causes an event giving rise to the payment of such compensation. In other words, the perpetrator, which can be anyone (common crime), creates a situation that may involve the payment of compensation. A typical, popular example is causing a road collision (the so-called set-up), where one participant (injured) is hit by another vehicle (the perpetrator). The latter, as a rule, bears responsibility, and the repair of the vehicle and the personal consequences of the event are eliminated from the third party liability policy of motor vehicle owners. Another action that can be described as typical is arson. The perpetrator deliberately sets fire with the aim of partial or complete damage to the subject of insurance (e.g. a building).

Insurance fraud – what are my risks?

This crime is punishable by imprisonment from 3 months to 5 years. It is committed already at the time of the event and it does not matter whether compensation has been paid. Therefore, there is no need to cover the damage from the policy for the perpetrator to be liable for his act. It is not uncommon for a person unaware of the scope of insurance to create a situation which he is sure will result in the payment of compensation, and in the end it does not happen. The perpetrator who voluntarily prevented the payment of compensation (active remorse) is not subject to punishment. The provision here leaves the door open to those who have changed their mind and plan to withdraw from the act.

I’ve been accused of committing insurance fraud – now what?

If you are suspected of committing an act specified in Art. 298 § 1 of the Penal Code, please contact our office in Katowice immediately. We have a team of experienced lawyers dealing with this type of cases. It is not without significance that our team includes people who have provided services to insurance companies, including claims handling and handling the so-called frauds (extortion).

    Author:

    Łukasz Oleś

    Advocate

    He currently focuses his practice on banking, insurance and criminal cases, in particular concernin. crimes against financial institutions. He believes that practicing as an attorney consists of providing services to all those who need it, regardless of their current situation. His motto is the words of Roman jurist Ulpian Domitius: "Advocatus non accusat - a lawyer does notaccuse."

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