Staged and Fraudulent:
In recent weeks fraudulent claims and the imprisonment of claimants pursuing a claim for a staged or deliberate accident have been before the courts and those who have been found to have staged or fraudulently made a claim against an insurance company have been sent to prison.
The explanation behind imprisonment is that in any civil claim for damages, the claimant has to sign their statement with what is called a statement of truth. At the end of each witness statements the maker of the statement signs stating that the contents of the statement are true to the best of their knowledge and belief. If the person then attends court and gives evidence in the same terms and is then found to have stated false facts in their statement, then the Trial Judge has the power to refer the matter to the Attorney General.
In many cases involving personal injury claims, the defendant (the opponent) are insurance companies as they would have underwritten the defendant to pay any liability against them for wrong committed by them or any of their employees.
Insurance companies particularly in motor claims or have taken a robust view in cases where the Trial Judge has found personal injury claim to be fraudulent or exaggerated. They have applied to the High Court for permission to petition the witness for contempt of court. They make an Application before the High Court Judge for such permission and if permission is granted the matter is dealt with by the High Court, but are processed in the same way as criminal proceedings.
If the High Court finds that there was a contempt of court, then the case is an imprisonment offence and in most cases the person would be sent to prison even if they have no criminal convictions/record(s).
In addition to the insurance company going to the High Court to petition for contempt of court, the Trial Judge can also refer the matter to the Crown Prosecution Service (CPS). The CPS have the power to investigate any crimes committed in England and Wales, and if they believe there is evidence that a Jury may find the claimant guilty as charged, then they would be charged with an offence which would then be dealt with either in the Magistrates Court or the Crown Court.If found guilty the Magistrates or the Crown Court would have the power to sentence them to prison.
In recent past insurance companies have pursued these matters before the High Court and with the police and wherever possible they have publicised their success. as was evidenced by the publicity in November 2013
There is a view amongst insurance companies and their solicitors that there has been a huge increase in compensation culture since the introduction of no-win-no-fee, driven by claims management companies (claims farmers) and their solicitors.
We at www.lawclaim.net have grown up in the times of the no-win-no-fee regime, and referral fees chargedby claim farmers. We are pleased to tell you that we have not and do no purchase work from claims farmers and have retained our core; values that you should select a solicitor on the basis of experience and expertise, rather than a signing on fee.
If you are unfortunate to be involved in an accident and have suffer an injury, call us. Its free and without obligation.
Abdul A hafezi – M; 07812161658, office; 0207 377 0600