Insurance scandal: fictitious claims settlement will not be forgotten!

Insurance scandal: fictitious claims settlement will not be forgotten!

A recent ruling by the Munich Regional Court is causing a stir in the motor vehicle insurance sector. Basically, it was about registration in the insurers' notice and information system (HIS), which can store entries for up to 6 years in order to prevent insurance fraud. In this specific case, the owner of a damaged car was in a dispute with his insurance company regarding a fictitious billing.

The plaintiff had originally fictitiously billed damages amounting to 6,717 euros without providing proof that repairs had been carried out. When the defendant insurance company reported this billing to the HIS, the plaintiff finally had his car repaired and presented a repair confirmation from an expert. Despite the repair, the court requested that the HIS entry be deleted, but this was refused. Borken newspaper reports that the court found that the requirements for deletion in accordance with the General Data Protection Regulation (GDPR) were not met because the repair carried out was not proven to be complete and professional.

Legal situation and requirements for proof

Particularly in cases of fictitious billing, there is a high hurdle for deleting entries in the HIS. According to the Rehder law firm Comprehensive insurance can make entries in the HIS if the amount of damage is over 1,500 euros. In this case, the entry was made because the plaintiff billed fictitiously. The district court also decided that entry in the HIS was justified because it serves to detect insurance fraud.

The court also obtained information that the repair confirmation obtained only contained images of the vehicle from a greater distance and that the inspection did not meet the required criteria. There was a lack of clear evidence of the professional replacement of parts and the installation of original spare parts. In addition, the plaintiff was unable to provide sufficient evidence that the actual damage had been completely repaired.

Data protection and entries in HIS

The storage of data in the HIS is not only important for detecting possible abuses, but is also carried out in accordance with the requirements of the GDPR. Article 17(1)(d) provides for the deletion of personal data if they have been processed unlawfully. In this case, however, the court concluded that there was no unlawful processing. Rehder law firm emphasizes that the insurance industry's interest in preventing abusive behavior also plays a role.

In summary, this case shows how important it is for vehicle owners to provide all necessary evidence for repairs. Simple damage reports and fictitious statements can have long-term consequences that not only affect the insurance premium, but also the entry in important information systems. Ultimately, the question of complete proof of repairs remains central in order to legally enforce your own claims against insurance companies.