Two Claimants who supported the false injury claims made by their supposed passengers have had their own claims thrown out and been found to have acted dishonestly.
The man and the woman had been involved in a genuine accident with a Co-op policyholder back in July 2017 and had seemingly legitimate claims for personal injury. However, they then supported the false claims made by the woman’s brother and father who had also alleged to have been in the vehicle at the time of the accident.
Following an application made by Plexus Law acting for Co-op Insurance, all four claimants were found to have acted dishonestly and had their claims for injury dismissed by a judge.
The case arose from a genuine accident; the policyholder was stationary and parked when his adult daughter, who was in the front passenger seat, opened her door into a collision with an oncoming Volvo containing two of the claimants. Following the collision, both the policyholder and his daughter got out of the vehicle as did the occupants of the Volvo. The occupants of the Volvo were known to the policyholder’s daughter and she was able to say who was driving.
Both the policyholder and his daughter were able to look inside the Volvo and saw that there were child seats in the back meaning that there could not have been any adult rear seat passengers in the vehicle.
Following Plexus Law’s investigations, the four claims were disputed, and the claimants issued proceedings. A Defence was filed in which a formal allegation of fraud was pleaded against the claimants; on the basis that two of the claimants were not in the vehicle and against the other two claimants on the basis that they were supporting two phantom passenger claims.
Following the filing of the Defence and receipt of case management directions the Claimants’ solicitors were granted an order which removed them from the record as acting on their behalf. The Claimants, who continued as litigants in person, failed to comply with the court’s directions and as such an application was made for summary judgment and a finding of fundamental dishonestly.
The Defendant was represented by Tim Sharpe, of Temple Garden Chambers, at the hearing which was heard by way of telephone conference and attended by all four claimants. The order sought by the Defendant was approved by the District Judge who not only ordered the claimants to pay the Defendant’s costs of over £6,000 but also ordered one of the claimants to make repayment of an interim payment which had been sent prior to the submission of a CNF.
If you would like to know more about this matter, please speak to your contact at Plexus Law:
Chris Dibb, Associate
T: 01422 394 280 | M: 07970 282 901 | E: email@example.com