A Claimant who falsely accused a woman of reversing into her is facing a legal bill of over £7,000 after a judge found her to have been dishonest.
Karen Johnson had claimed that she sustained a back injury as a result of the “accident” and that her symptoms were ongoing. But at the trial in the Leicester County Court, her claim was dismissed with the judge, Recorder Afzal OBE, labelling her “dishonest and opportunistic”.
In addition, the Claimant was said to have misled the expert by failing to tell him of another road traffic accident she had been involved in, from which she had already received a pay-out. Recorder Afzal said that it was only thanks to the investigations made by Plexus Law on behalf of the Defendant and Co-op Insurance that this additional claim had come to light.
The claim arose from an incident which took place in April 2017 in which the Claimant had alleged that the Defendant had reversed her vehicle into the front of the Claimant’s vehicle. The Defendant had accepted that she had reversed slightly but denied that there had been an impact between the two cars. The Claimant had accepted that there was no damage caused to the vehicles but when medically examined said that she had been hit at moderate speed and had been thrown forwards and backwards in the vehicle.
She maintained that she had developed severe lower back pain and had been unable to do any housework or go to the gym for 4 months. However, she had failed to tell the expert that she had also been involved in the second accident, it was not mentioned in her witness statement and the medical report was not included as part of disclosure.
Whilst the Claimant’s witness statement made reference to a 2016 accident, it was silent as to the 2018 accident yet she professed to be still suffering from the back pain she says was caused in this accident.
The trial heard evidence from the Defendant and her 89-year-old passenger both of whom denied that there had been any collision. The Defendant’s case was run on the grounds that firstly, there was no collision; and secondly, if there was it was so minor that no injury could have been caused.
Recorder Afzal was satisfied that there was no collision and described the Claimant as dishonest and opportunistic adding that her credibility had been severely undermined. Her claim was dismissed and she was ordered to pay over £7,000 in legal costs.
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Chris Dibb, Associate
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