Försäkringsutredningar: bilbränder, försäkringsbedrägerier och rättssäkerhet

Sammanfattning: The current study is a case study in which we explore insurance companies’ investigative work by looking at cases of fraudulent arson in motor vehicles. Through interviews with people in the insurance industry, as well as representatives from the police and justice system, we examine the practices and realities of insurance investigations, and by analyzing verdicts from Swedish district courts in cases of insurance fraud through arson, we examine the result of criminal cases to shed light on how the results of these investigations manifest in the subsequent juridical process. In addition, one specific case is followed in its entirety from the insurance company’s investigation to the court’s verdict, through interviews, observations and the study of documentation in the case. The relevant legal framework is presented and the information gathered is then analyzed to ascertain how it affects the essential legal rights of the actors involved, specifically those pertaining to the right to a fair and unbiased trial. By using Teubner’s theoretical framework to analyze the role of insurance investigators vis-à-vis the justice system in the context of pluralized policing practices, we arrive at the conclusion that a higher degree of flexibility is needed if the juridical system is to meet the demands that arise from the diffusion of tasks across multiple state and private actors.