A driver and three passengers were found to have deliberately caused a crash with an innocent van driver and have each been ordered to pay £10,000 to the victim. They have also been ordered to pay legal costs.
Insurer Octagon and law firm DWF are describing the judgement as very significant in that all four claimants have been ordered to pay the equivalent costs the innocent driver would have incurred, had their fraudulent claim succeeded. The award is believed to be one of the largest of its kind made against so called ‘crash for cash’ fraudsters in the UK.
His Honour Judge Gregory dismissed the claimants’ version of the accident on Mother’s Day in 2014, and the claimants’ subsequent personal injury claims. The court heard that there were significant inconsistencies in the statements provided by the driver Afzaal Bin Alam, his brother Asaad and the two other passengers, Naqib Mohamammed and Elias Ali. These included the fact that none of the four claimants knew the address of the family member they said were visiting, the extent of their injuries, the number of previous personal injury claims made, the amount of time they had taken off work and the medical attention they received.
Bin Alam and his three passengers all claimed that Bin Alam had gently braked his Mitsubishi car in heavy traffic at a roundabout and that the van driver who hit them from behind was at fault. The van driver, Mr Terrence Blackwell, told the court that the car swerved in front of him on the roundabout and braked violently, making a collision unavoidable, despite there being no other traffic on the roundabout at the time.
Peter Goodright, Octagon Claims Director said: “We’re pleased to see the successful outcome of this case and the Court supporting our view that the claims submitted were fraudulent. The awarding of exemplary damages against the claimants allows us to protect the interests of all Octagon customers.”
Mathew Lynch, Counter Fraud Litigation Manager at DWF said: “This is one of the largest exemplary damages awards I have seen in a fraudulent personal injury claim. The fact the judge has ordered the driver and all three passengers to pay £10,000 to the innocent driver should send a signal loud and clear to those involved in such scams. Law abiding motorists should also take heart in the fact that insurers such as Octagon are taking such a stand against those who are endangering them on the road and costing them off it”.