As the cost of living crisis continues to bite in the UK, insurance companies are braced for an increase in personal injury claims. While much has been done to reduce the number of rogue claims, a number of economic challenges have placed pressure on household incomes. It is important to be aware of the potential consequences if somebody pursues a rogue claim. The insurance companies have many ways of checking their claim, validating their story and could even monitor their movements prior to and during the case.
Rogue claims are not a victimless crime
While not so much today, historically there seems to have been a belief that pursuing a rogue personal injury claim was a victimless crime. Obviously, this is not the case as there are potentially significant repercussions:-
- Reputational damage to the defendant
- Financial damage to the defendant
- Increased insurance premiums
- Some businesses have been forced to close
As a consequence of rogue personal injury claims, a number of bodies may become involved including regulators and the Health and Safety Executive (HSE). For some parties, there may even be additional legal implications.
Uncovering rogue personal injury compensation claims
If an insurance company suspects that an individual is embellishing or simply making up a personal injury claim, there are numerous actions they can take.
Firstly, the defendant is unlikely to admit to any degree of liability, which will ultimately lead to a court case. Many of those pursuing inappropriate personal injury compensation claims have, in the past, relied on out-of-court settlements. These were often negotiated to reduce the costs of the defendant irrelevant of the strength of the claim. Today, there are various ways and means that insurance companies can check and validate compensation claims. These include:-
Financial checks
The whole concept of fighting a personal injury claim is to cast as much doubt as possible on the claimant’s version of events (and demonstrate a potential motive). If an insurance company can provide evidence to suggest the claimant has financial difficulties, this may be taken into account and used against them.
There are numerous ways in which insurance companies can carry out financial checks on individuals and companies, which can often reveal surprising details!
Private investigators
While not all potential rogue personal injury claims will warrant the use of private investigators, sometimes this can be used as a loss leader to deter others from taking similar action in the future. It is perfectly legal for private investigators to follow and photograph individuals in an attempt to cast doubt on their compensation claim.
For example, if the “victim” has based their claim on receiving a back injury as a consequence of negligence, being photographed carrying heavy bags could be a significant blow. Activities which many people may not even give a second thought to can very quickly lead to a case unravelling.
Using personal social media accounts
Some personal injury advisors might suggest that a claimant withdraws from social media activity while their claim is being processed. Even an innocent post on your social media account could be taken out of context and used to weaken your claim. However, there have been many occasions where rogue claimants have been extremely active on their social media, casting doubt on their claim and alleged injuries. The idea that “this won’t happen to me” has seen the tables turned on many rogue claimants, with some facing potentially serious charges.
Connected social media accounts
In what many may suggest is the power of social media, while others might beg to differ, connected social media accounts can also tell powerful stories. Even if someone pursuing an illegitimate or borderline personal injury compensation claim withdraws from social media, friends and family accounts can often provide useful background information for insurance companies.
There have been numerous cases where individuals have been injured as a consequence of being inebriated but still chosen to pursue a personal injury claim. While denying being intoxicated at the time, the social media accounts of friends and family may contain images or videos from the night in question, demonstrating excess indulgence. So, even though the individual has withdrawn from the social media world to pursue their compensation claim, there may still be conflicting evidence available to insurance companies.
Embellishing a personal injury claim
Ironically, even if, for example, somebody is injured while under the influence there are many occasions where this may be deemed contributory negligence. This means that while they were partly to blame for an incident, it was not wholly their fault, and they may still be entitled to compensation. However, if a claimant is proven to have embellished their claim the repercussions could be significant.
In the event that a judge rules that the claimant is not a credible witness, and the evidence has been embellished, the case can be thrown out. This is despite the fact that, under normal circumstances, shared liability would have still resulted in a compensation payment. On the back of this, some rogue claimants have even faced contempt of court charges which have on occasion resulted in a jail sentence.
It is important to pursue legitimate claims
While we have demonstrated the ways in which rogue claimants may be “found out”, it is important to note that legitimate claims should be pursued. There are two reasons for this. Firstly, if an individual has been injured as a consequence of negligence by a third party, they may be entitled to compensation. Secondly, unless victims of negligence come forward there is unlikely to be any change in the way that other individuals and companies act. Unfortunately, in many scenarios, it is only when the defendants feel a “financial hit” that changes will occur going forward.
If you are in any doubt about the strength of your personal injury claim, it is important to take professional advice from a personal injury solicitor. They will review your evidence, advise you accordingly and, if they believe you have a case, may offer to act on your behalf on a no-win no-fee basis. Those with bona fides claims have nothing to be worried about. On the other hand, rogue claimants could in some circumstances feel the full force of the law.
