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.
The Insurance Fraud Enforcement Department, more commonly referred to as IFED, turned 10 years old in January 2022. It has been a vital tool in deterring fraud, complementing insurers and their representatives in the long-standing fight against fraudulent claims.
Guest author Chris Shorten of Jensen Hughes explores fire and water-for-profit property damage claims, for which forensic investigators can be a powerful asset to insurers.
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.