Acting for a truly delightful local client we overcame an unfounded allegation of fraud made by an insurer and secured our client an award of £3000 for his genuine whiplash claim.
It is now becoming very common for insurance companies to make an allegation of fraud once a whiplash claim is made against them. Obviously we recognise that unfortunately there are fraudulent claims made and these need rooting out and fighting by the insurers. However we believe some insurers are seeking to take advantage of the scaremongering tactic of alleging fraud just to save money.
In this recent case a client was recommended to instruct us by an old client following his straightforward road traffic accident. At the scene of the accident details were exchanged and we later presented a claim for his losses and injury to the ‘at fault’ driver’s insurance company.
They made spurious and lazy allegations of fraud based on a) both clients lived locally b) both were driving old cars and c) our client didn’t immediately seek medical advice.
They also made an allegation that the impact was so low speed that whiplash could not have resulted (despite the fact that the vehicle was so badly damaged as to be written off!)
An allegation of fraud in such a case, if proved, would have serious consequences for the client and could lead to a custodial sentence as recent high profile cases have shown so we had to really bottom out the client’s case. The client attended our offices many times to answer the scurrilous claims made by the insurers which he could do at every turn. He was charming and as straight as an arrow. We had total confidence in him and put all our effort into getting him his entitlement and clearing his name.
We did both and I am proud of the way the team achieved this stunning success.