HF, legal advisers in the UK, instructed by Admiral, have secured a significant victory in Court with a finding of fundamental dishonesty relating to a claim which was exaggerated to include tinnitus.
Tinnitus has become a significant – and increasing – symptom featuring in road traffic accident claims, since the whiplash reforms came into force. It’s part of the worrying trend in claimants reporting multiple injuries alongside whiplash whereas, prior to the reforms, that was not the case.
In this case it was discovered that the claimant had not, in fact, had the circa £4,000 of ENT (Ear, Nose & Throat) therapy recommended to him by his appointed ENT expert and subsequently included in the claim which totalled £7,800. The judge ruled that the claimant must have known the therapy claim was false and dishonest. With a fundamental dishonesty finding he therefore dismissed the entire claim, including the valid elements.
Graeme Mulvoy, Partner at HF said, “Since the whiplash reforms we’ve seen a huge increase in claims featuring additional injuries. Instances of tinnitus have seen a particularly significant increase and it’s a condition which is subjective, however we are confident in our strategy focused on defeating them and other non-genuine claims.
In this case we were able to prove that the c. £4,000 of ENT therapy claimed had not in fact taken place.
Utilising Section 57 of the Criminal Justice and Courts Act 2015 can lead to the claimant losing their entire award, even for the legitimate injuries, once they’re found to be fundamentally dishonest.”
Ian Price, Head of Motor Claims Fraud, from Admiral added, “We hope this serves as a good example of why dishonesty simply does not pay. It’s not worth exaggerating a legitimate claim in the hope of gaining additional monetary gain.
“We’re fully committed to paying out on genuine injury claims quickly and fairly. However, we will defend all claims we believe to be dishonest in order to protect the best interests of our customers.”