O Christmas Tree … another case of personal injury fraud

Making the headlines over the past few weeks is the news of a £650,000 personal injury claim being dismissed by an Irish court after it found that the claimant’s allegations about the extent of her injuries were exaggerated.

The claimant was involved in a car accident in 2017 and raised a personal injury action against the other driver’s insurer. She alleged that the injuries she sustained as a result of the accident had impacted various aspects of her life, leaving her unable to work and play with her children.

Her claim was ultimately dismissed after photos and surveillance of the claimant were brought to the court’s attention. The photos showed the claimant taking part in and winning a Christmas tree-throwing competition shortly after the accident. And if that wasn’t bad enough, more recent surveillance showed her training her dog for over an hour at a park. The court held that the photos and surveillance were at odds with what was claimed within the court action and the case was dismissed.

Fraud within personal injury claims continues to be a hot topic within the insurance industry. Although this case was heard by an Irish court, the decision highlights again that claims will be dismissed if the court is satisfied that the claimant has exaggerated their claim.

In Scotland, we have seen a number of recent judgments discussing what constitutes fraudulent representation in situations where defenders are attempting to disapply Qualified One-Way Cost Shifting. Here is a link to a recent article that discusses this very topic.