One reason your car insurance premiums are so high

[Clitheroekid]

The Government and the insurance industry have - albeit very belatedly - finally cracked down on what was a huge industry of fraudulent whiplash claims.

However, although this has been generally quite successful there are still many such claims, and I’ve just been reading a judgement that was entered a couple of months ago in a personal injury claim where the judge found that the claimant had been fundamentally dishonest, and dismissed the claim.

What distinguished this particular case was the judge's findings that the solicitors and the medical professionals involved were all in a cosy little group that were effectively exploiting such claims for their own benefit.

They have probably got away with many such claims in the past, but in this case the insurers, Aviva, and their solicitors took the admirable decision to fight the claim.

This obviously caused something of a panic at the solicitors, as they realised they would have to try and actually provide some evidence to support the claim for a change.

Although the claimant was evidently coached as to what she was supposed to say it seems she was too thick to follow instructions, even with the aid of a crib sheet, and under some careful cross-examination her story unravelled completely.

This type of claim is, and has been for many years, mired in fraud and corruption. In this particular case the medical agency that arranged the medical reports was owned by the brother of one of the solicitors running the case, and even operated from the same building, yet Its director (about whom the judge said "a very unsatisfactory witness and ... parts of his evidence were demonstrably untrue") denied any collusion.

The two doctors involved were using standard form medical reports that paid no attention to the individual involved, and routinely said that private psychiatric and physiotherapy treatment was required (conveniently supplied `in house').

It was interesting - and very unusual - to see the judge's suggestion that the General Medical Council might be interested, and that the SRA might also look into the conduct of the solicitors. Sadly though, as this type of fraud has been going on for years, particularly amongst certain communities, it’s unlikely that either professional body will take any action.

This is the link to the judgement for those who are interested - https://www.civillitigationbrief.com/wp ... down-5.pdf

[didds]

That's really interesting CK - thank you.

[pje16]

The Government and the insurance industry have - albeit very belatedly - finally cracked down on what was a huge industry of fraudulent whiplash claims.

about time too
I get conned by one a few years ago
at first Hastings appeared top take it seriously, but eventually they caved in and paid him
I was livid
I'm not sure who sent them to, but I received a 32 page medical document listing all his various injuries over a 15-year period
have a guess at the most common one

[Dod101]

The Government and the insurance industry have - albeit very belatedly - finally cracked down on what was a huge industry of fraudulent whiplash claims.

about time too
I get conned by one a few years ago
at first Hastings appeared top take it seriously, but eventually they caved in and paid him
I was livid
I'm not sure who sent them to, but I received a 32 page medical document listing all his various injuries over a 15-year period
have a guess at the most common one

And apart from the fundamental dishonesty just look at the waste of time of hard pressed services like A & E departments and the Courts

Dod

[88V8]

The Government and the insurance industry have - albeit very belatedly - finally cracked down on what was a huge industry of fraudulent whiplash claims.

This is jolly good to hear.
But if the operation does not get dismantled what good will be done.
Will other insurers follow suit or, more to the point, will the police now get involved in a fraud prosecution. Unfortunately fraud seems notoriously hard to prove in a jury trial.

Perhaps insurers' default should be to disbelieve whiplash claims or at least require examination at their own nominated clinic.

I shall resist the temptation to explore the phrase 'certain communities'...

V8

[elkay]

One of the downsides to being retired is that you catch snippets of daytime TV. Claimed and Shamed is something my wife has on when she can't find anything else in the hundreds of channels we have access to...

These type of claims are the breand and butter of the program. It concerns me that the ones that are shamed are typically ones caught by surveilance, or trip themselves up by posting their activities on social media. So if the claimant is careful, they won't get caught.

Also...it gives an insight to how the investigators operate...and therefore how to keep off their radar.

[chas49]

I shall resist the temptation to explore the phrase 'certain communities'...

Moderator Message:
Thanks for resisting. All should follow this lead, as such discussion would be off-topic here and would likely be removed (chas49)

[UncleEbenezer]

I wonder if there's a baby vs bathwater question here?

Will this end up with competent fraudsters working their way around whatever is supposed to keep them away, while those with a genuine claim for serious injury find it impossible to jump through the hoops?

[servodude]

I wonder if there's a baby vs bathwater question here?

Will this end up with competent fraudsters working their way around whatever is supposed to keep them away, while those with a genuine claim for serious injury find it impossible to jump through the hoops?

From CKs post I took it to be that the folk holding the hoops were in cahoots.

If the end result of this is that only this single instance is addressed that that would be a pretty poor show - I would expect this fradulent collusion to be a striking off offence; or at least being unable to contribute similar evidence at a future date.

I wonder if this is an expected result of the kind of no-win-no-fee style model that seems common in this kind of personal injury case? If that got pushed further up the stack than simply the law firm involved I could imagine such shennanigans. (The postureography lab I was a student in used to get paid upfront for testing whiplash cases. It was a decent source of additional funds and we used to be told to dress smart for the day if there was such an examination going on)

-sd

[jtr63]

Have any fraud charges been brought against anyone ?