Fraud blog: Fundamentally Honest
Welcome to Fundamentally Honest, the blog on all things fraud from Kennedys’ experts.
Whatever your involvement and interest in insurance and claims fraud, we are here to keep you up to speed on developments in legislation, procedure, case law, innovation and technology, best practice, claims investigation, the latest thinking and more.
We will share our experience and insight with both UK and global perspectives and bring you guest writers from across the industry.
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The Public Accounts Committee today (17 November 2021) published its report into fraud and error in the benefits system as part of the DWP Accounts 2020/21. In this report we recognise many problems faced by insurers when managing surge events and new/emerging risks.
In the personal injury arena, a defendant is often left picking up their own costs tab due to the application of QOCS. There are some exceptions to QOCS, of which a finding of fundamental dishonesty is one, but what is the position when the claim is fundamentally dishonest but this has been facilitated by improper, unreasonable and/or negligent conduct of the claimant’s own legal representatives?
In this post, we provide our initial thoughts on one of the primary objectives of the whiplash reforms - to remove financial incentive as a way to prevent fraudulent low value claims.
In UK RTA claims, claimants traditionally had little trouble proving their injuries. However, developments in the law over recent years have been a game-changer.
Tort of deceit, reopening a claim and setting aside settlements: deterring fraudulent claims – Part 2, Chapter 2
Daniel Sandler's recent series of blogs have looked at deterring fraudulent claims, firstly by way of industry-wide measures and secondly focusing on enforcement options in the form of adverse costs orders. In this blog he considers some of the further civil sanctions available to insurers.
In my earlier blog on deterring fraudulent claims, I looked at the deterrent measures put in place by the insurance industry to combat fraud. This blog focuses on the enforcement options available to defendants to not only recover their outlay, but also how enforcement action can make the pursuit of fraudulent claims much less attractive for a would-be fraudster.
In this blog post, Michael Bickerstaffe takes a look at the formalities of challenging fraudulent claims, pre and post litigation.
QOCS will be in force in Scotland from 30 June 2021 and it will change the way that personal injury cases are litigated in Scotland. Time will tell the true extent of this change and the impact on fraud in Scotland. Will the new rules leave the door open to questionable cases or will the exceptions shine the light the pursuer’s conduct and potentially act as a deterrent?
“Crash for Cash” is a common insurance fraud scam in which individuals will fabricate, stage, or, on the more extreme end of the scale, cause, road traffic collisions with a view to bringing claims for compensation.
Much of the conversation around reducing the number and cost of fraudulent claims centres around detecting and then defeating them. But what if we could prevent them from being brought in the first place? In this series of three blog posts, Daniel Sander looks at how we can seek to deter fraudulent claims from the outset.