Insurers are now sending out a loud message to all potential Claimants in that they are cracking down on the fraudsters who try to pursue a fraudulent personal injury claim. More and more proven cases of fraud are resulting in contempt of court proceedings, which could result in prison sentences.
Dishonesty in personal injury claims can range from gross exaggeration of injuries to the staging of motor accidents and also including claims whereby Claimants were not even in the vehicle at the time of the collision. This is a widespread problem for insurers and lawyers on both sides.
Insurers are frequently hiring private investigators and using the means of the internet, i.e. Facebook to track down potential fraudsters in a crackdown against rising fraud levels.
In the case of Nield v Loveday [2011] EWHC 2324 this was case was successful in committal proceedings. The case arose from a simple road traffic accident whereby the Defendant had driven across the Claimant’s path. The Claimant went on to exaggerate his injuries which necessitated the need for considerable care from his wife and required the need of a wheelchair for long distances. The Claimant detailed in his witness statement that he had not been able to travel to Italy by car and therefore needed to fly due to his injuries and had required help and assistance with his wheelchair by the airline staff. The Claimant’s Facebook page included a photograph of the Claimant in Lake Garda standing next to a motor vehicle and caravan. It transpired that he had travelled from Wales to Italy. A total of 10 acts of contempt were proven and he was given a sentence to 9 months imprisonment.
The message is loud and the message is clear, fraudsters beware, you will be found out! You have been warned.
We at HilliersHRW are experts when it comes to personal injury law and our fee earners have many years experience and are members of APIL (Association of Personal Injury Lawyers) so you can be assured of an expert professional service.
If you have a potential legitimate personal injury claim and would wish to discuss the same with a member of our specialist team please contact either Mrs Julie McCallion or Mrs Selina Martin on 01234 858000 for a free no obligation chat.
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