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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In a surprise to the personal injury sector, the UK Government has ditched plans for further reform of the whiplash claims process. Here, we look at the Ministry of Justice's response to issues within Part Two of the ‘Reforming the Soft Tissue Injury Claims Process’ consultation and what this means for fraudulent claims.
Kennedys were instructed by the insurer of a steel fabrication company to defend a personal injury claim brought by an employee following an accident at work in July 2017. The Claimant had sustained a genuine injury, but grossly exaggerated their claim, resulting in a discontinuance at trial and savings of over £100,000 for our insurer client.
Palmer v Mantas and Liverpool Victoria Insurance – A reminder of the hurdles to be jumped by a defendant seeking to prove a claimant is fundamentally dishonest
The claimant received an award for damages in excess of £1.6 million for a minor traumatic brain injury (mTBI) and a somatic symptom disorder suffered after a high speed accident. Here, we look at this case from the perspective of allegations of fundamental dishonesty.
Changes to the Highway Code came into force on 29 January 2022. As road users and their insurance companies pore over the changes to ensure that they are not exposing themselves or others to unnecessary risks, you can bet that those engaged in the business of fraudulent claims are looking at the rules to see how they can be best exploited.
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.
Michael Bickerstaffe takes a look at the situation where a claimant, pursuing an injury claim, has been found fundamentally dishonest and tries to prevent dismissal of the claim.
On Friday 26 February 2021 the rules providing the framework for how whiplash claims will be managed from 31 May 2021 were released. My colleague, Ian Davies, considered that these changes were “seismic” before predicting a frantic three months as insurers and compensators set about preparing themselves for a new system and new processes.
In this blog we take a look at a recent Scottish case where the defender advanced a fundamental dishonesty argument. In the recent civil Scottish case of Susan Keenan v EUI Limited , which took place at Scotland’s highest civil court, the Pursuer (claimant) sought more than £1m for damages arising out of a road traffic accident.
Whilst there are very many genuine whiplash injury claims, it is also an area which is subject to repeated exploitation by fraudsters.