Allegation of Fraud Disproved to Achieve £4.8k Injury Compensation

17 January 2019

By Personal Injury Lawyer, Muttahar Halepota

Client Situation

The Client, Ms Z, was involved in a road accident while driving her family home from Stansted Airport. She stopped in a line of traffic and the Defendant crashed into the back of her vehicle.

Ms Z suffered neck and shoulder injuries, which caused her difficulty in putting on some clothes and tying shoelaces. She often required assistance from her mother, brother and husband.

Later on, the other driver told his insurers that Ms Z had slammed on her brakes for no other reason than to induce an accident. Unfortunately, there was no dash cam footage available to prove, beyond doubt, that there were cars slowing down in traffic on the road.

How We Helped

Ms Z had no choice but to issue her claim at Court in order to achieve any compensation for her neck and shoulder injuries. She contacted our Personal Injury Lawyers to assist her with her claim.

Muttahar Halepota, Assistant Litigation Executive, took on the claim. Muttahar knew exactly what to look for to support Ms Z's claim and knew what information would need to be established.

A medical assessment was carried out to establish the extent of Ms Z's injuries. The GP Expert specified a prognosis period of 14 months for the recovery of Ms Z's neck and shoulder symptoms.

Muttahar obtained boarding passes of the Claimant's family, the engineer's report (which confirmed a mileage of 10,000 or so miles on Ms Z's vehicle) and took a detailed statement from Ms Z to evidence that it was unlikely for Ms Z to have braked for no reason, as the Defendant alleged. These documents were all filed with the Court as evidence to support the claim.

During the proceedings, it came to light that at the scene of the accident the Defendant had not raised any allegations of the Claimant slamming on her brakes for no reason. This was not alleged either to the Claimant or to the police officers who attended the scene.

The Outcome

Muttahar raised serious concerns about the credibility of the Defendant to his Solicitors, citing the lack of detail in his statement, his simple assertion that the Claimant braked for no reason and his failure to mention this at the scene.

After 20 months of the Defendant alleging fraud, Muttahar achieved a settlement before trial of £4,800, after being initially offered £4,500. This case demonstrates how an allegation of fraud can be completely unfounded and yet still deny genuine claimants their right to be compensated. In this instance, Muttahar was able to ensure that Ms Z was appropriately compensated.

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