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What Is The Fundamental Dishonesty Defence?

What could happen if you make a fraudulent claim.

People using Stockport injury claim solicitors in the event that they've had an accident should make sure they are aware of Section 57 of the Criminal Justice and Courts Act 2015 that states that all personal injury claims containing an exaggeration or inaccuracy by the claimant or made by someone on their behalf will see the whole claim thrown out and the claimant ordered to pay the other side's costs.

Just last week (3rd September) AXA used the fundamental dishonesty defence to force two people to withdraw fraudulent claims on a minor motor accident. The AXA customer told the insurer that a passenger in their car had opened a rear door while parked in a car park and made light contact with an adjacent vehicle.

This was confirmed by the driver of said vehicle, Shakil Ashraf Kamal, but he later put in a personal injury claim, as did the other person in the car, Kerry Louise Keenan.

AXA voiced concerns regarding the claims based on how minor the incident was, but both Mr Kamal and Ms Keenan submitted medical evidence of a prognosis for a cervical spine injury that led to a claim reaching almost £25,000.

The insurer made no offer and instead entered a defence pleading that both claimants were fundamentally dishonest. The case was withdrawn and AXA was awarded costs of more than £18,000.

"The court’s finding that both claims were fundamentally dishonest and its decision to award costs to AXA should act as a warning of the potential repercussions for those who would commit fraud," counter fraud manager with AXA Tom Wilson said.

Posted in: Personal injury

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