Fraud, exaggeration and LVIs in personal injury claims

Produced in partnership with Andrew Wilson
Practice notes

Fraud, exaggeration and LVIs in personal injury claims

Produced in partnership with Andrew Wilson

Practice notes
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Definitions

Fraud

Defined in Derry v Peek as where it is shown that:

'a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false.'

Malingering

Defined in DSM-IV V65.2 and the DSM-5 as:

'The intentional production of false or exaggerated physical or psychological signs or symptoms, motivated by external incentives…'

Note: malingering or conscious exaggeration is not to be confused with unconscious exaggeration, often referred to by doctors and lawyers as 'functional overlay'.

Types of fraudulent claims

Definitions and labels vary for the range of behaviour connected with road accident claims and giving rise to suspicion, but broadly the types are set out below.

  1. •

    Deliberately staged accidents

    These accidents occur when the drivers and occupants of two (or sometimes more) vehicles deliberately collide with each other, with resulting claims for injuries by passengers and the 'innocent' driver. There may also be claims for car hire, storage and repairs.

    There is perhaps more scope for investigation

Andrew Wilson
Andrew Wilson

Consultant Solicitor


Andrew has more than 25 years’ experience of working in the fields of personal injury and occupational disease litigation, acting for both claimants and defendants. He trained at L Bingham & Co, gaining early experience in a number of important high profile claims involving the MIB. During the 1990s Andrew worked at Hextalls and then Kennedys, predominantly for defendants across a range of motor, employers’ liability and public liability matters many of which involved serious injuries or death. More recently, he has dealt with cases for claimants who have suffered serious injuries or occupational disease. He was a partner in a large specialist practice. He has provided seminars to solicitors and other legal professionals both for an external conference company and in house on the workings of the Civil Procedure Rules in the context of personal injury claims, amongst other subjects.

He has now set up his own legal consultancy, providing advice and support to solicitors, particularly a specialist London practice, in connection with fatal accidents and very serious injury cases such as brain injury, mostly in the High Court. He has continued to develop his education and training activities, providing seminars and contributing articles and commentaries to legal information services.

Since his training, Andrew has retained a particular interest in issues of motor indemnity and the operation of the Road Traffic Act and Article 75.

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Jurisdiction(s):
United Kingdom
Key definition:
Personal injury definition
What does Personal injury mean?

An injury to the body or mind as opposed to property.

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