Driver who supported bogus claims loses
claim and is ordered to pay costs
As a result of a Motor accident which is alleged to have occurred in May 2016 the driver lodged a claim seeking Damages for Personal Injuries and his passenger and two children also filed claims seeking compensation.
However, the negligent party against whom the claims were filed advised his insurer, Allianz, that as far as he was aware there were no passengers in the other vehicle. Upon further investigation by Allianz its insured was adamant that there was nobody else in the third party vehicle.
Allianz advised the claimant’s Solicitor of their concerns but nonetheless received a Medical Report which stated that the driver was accompanied by his ex-partner and two children who the Report says were rear-seat passengers. Allianz’s insured stated that no one else got out of the vehicle at the scene and that he could see all of the seats in the vehicle and that there were no passengers.
Allianz made contact with the insurers of the third party claimant who indicated that a recording of a call made by the claimant at the time of the accident did not mention any injuries or that there were any other passengers involved, let alone injured.
Allianz instructed Solicitors to defend the claim which Defence included a plea that the claim was fraudulent and fundamentally dishonest. When the Trial took place last month none of the alleged passengers turned up to give evidence.
It goes without saying that the Judge took a dim view of this and dismissed the claim of the third party driver and ordered him to pay costs in excess of €29,000.
If you require any further detail or advice, please contact John Reid in O’Rourke Reid
Dial: +353 1 240 1200
Email: jreid@orourkereid.com
This document is for information purposes only and does not purport to represent legal advice.
© O’Rourke Reid 2019