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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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.
Last year brought many new challenges and obstacles. There was however, one constant; the Fundamentally Dishonest claimant. Here are some of our favourite “GOTCHA” moments from 2020.
Credit hire fraud, in its purest form, is an entirely fabricated claim. It is no more than a paper-based exercise designed to induce a quick pay-out from an unsuspecting compensator.
The factual accuracy of a medical report is vital. It is the basis upon which a compensator will formulate an offer and make a compensation payment. If the information contained in the medical report is wrong then a claimant may be compensated where there is no basis, or over compensated.
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.
The Financial Conduct Authority (FCA) has recently issued a Portfolio strategy to claims management companies (CMCs). This essentially outlines their vision for the CMCs and the regulation strategy from now until July 2022. The letter covers the ‘key drivers of harm’ as identified by the FCA. The behaviours which the FCA have noticed from CMC’s which can mislead their consumers to their detriment and breed fraud.
Crash for cash scams involve fraudsters who intentionally drive dangerously (such as slamming on their brakes suddenly and without reason), to cause an innocent motorist to crash into them so they can claim for compensation.
In a world of “where there is blame, there is a claim”, low speed impacts (LSI) or low velocity impacts (LVI) are at the forefront of road traffic insurers’ minds; a scenario where the pursuer (claimant) claims to have suffered an injury after being involved in a minor road traffic collision with another road user.
Ghost brokers are fraudsters who set out to sell cheap insurance deals where the policies either don’t exist at all or aren’t valid. Either way, the consumer will not be provided with any form of legal insurance.