Re: Winter 2015 | Page 25

for over a year. However, the claim was not withdrawn and remained in place. Asda then informed Sussex Police, who charged him with fraud by making a false representation, despite his denying any wrong-doing in the police interview. What can you do? Our Insurance Team have seen a number of clients and their insurers face claims, which although they maybe based on an actual event, have been exaggerated or described as having happened in different circumstances. Insurance Fraud Insurance fraud has an impact upon businesses and the public, who end up paying for the dishonesty of some through higher insurance premiums. Insurance fraud can range from opportunists failing to disclose their full claims history when applying for cover; those who exaggerate their losses by adding extra items to a genuine claim; through to those who bring dishonest personal injury claims, including highly organised ‘crash for cash’ criminals who contrive often dangerous road accidents and then make claims for phantom passengers and fictitious injuries. A Recent Example In a local case, a 35 year old Brighton man was found guilty at Lewes Crown Court of bringing a personal injury claim against Asda in a fraudulent attempt to claim £11,000 in compensation. He was jailed in October for 9 months. In June 2012, whilst shopping in Asda’s Brighton Marina store, the man said that he had slipped on a puddle which had formed due to water dripping from the store ceiling. As a result of his falling over, he claimed that he suffered from back and neck pain, headaches and emotional distress. If you believe that a claim is suspicious, you should report this to your relevant insurers as soon as possible so that they can investigate. (If you are uninsured, then this is an area where we can offer you advice). Depending upon when you are first aware of the claim, you should also take some practical steps as soon as possible to try and gather any evidence which could be helpful later on when defending the claim and possibly alleging fraud. (Of course, you may not be aware of the claim until months later when you are first notified by which time, much of the evidence may have gone). These steps could include: • If you are a business with CCTV, save any footage of not just the accident if it was caught but also of the accident location before and after the event and the Claimant’s movements before and after. They may reveal s omething useful, such as the Claimant moving normally after the incident without any apparent injury. The benefit of CCTV is of course obvious when you consider the Asda claim. • Take photos of the alleged accident scene and note what may be there. If the Claimant alleges that they slipped, is there any substance or liquid present? Sometimes, the alleged accident circumstances may not make sense when you see the scene. If so, record as much as possible. • Were there any independent witnesses? If so, make sure you have their name and contact details and if possible try and get the basics of what they saw written down and signed. Witnesses could be co-workers at a business, customers in a shop or passers by. However, there may be some reluctance on their part to become involved. Such contemporaneous accounts can be invaluable if later on in proceedings, the witness then advances a different version of events. • With most people having camera phones, take pictures of the parties involved – if possible – accident locations, cars, surfaces and whatever else may be relevant to the event. The incident may come to nothing in the end but in the event that a suspicious claim is brought, you or your insurers will be in a better position to defend it. By Michael Mulcare But, the Claimant had completely staged the fall. How do we know this? - because of the CCTV footage which was shown in Court, capturing the whole incident. The footage initially showed him walking across the section between the aisles where he intended to stage his fall and looking around. Other shoppers appeared to walk over the same spot without any problems at all. Then, as he walked back along the same aisle passing other shoppers, the footage showed him kicking one leg out in front, causing him to deliberately fall backwards, flat onto his back. When the Claimant made a personal injury claim, Asda sent the CCTV footage to his solicitors and as a result, nothing further was heard from them 23