Legal firm HF, known for its expertise in insurance and commercial law, successfully represented Admiral in court over a disputed claim involving allegations of fundamental dishonesty.
The claim, which initially included compensation for tinnitus, was dismissed entirely by the presiding judge, setting another precedent for the industry.
Tinnitus claims have seen a marked increase in the aftermath of the whiplash reforms, signalling a shift in how injuries are reported following road traffic accidents. These reforms have coincided with a noticeable uptick in claimants reporting multiple injuries, a development that was relatively uncommon before the legislative changes.
At the heart of this case was the revelation by HF that the claimant had not undergone the approximately £4,000 worth of ear, nose, and throat (ENT) therapy recommended by a medical expert, despite this being included in a claim totalling £7,800.
The judge concluded that the claimant was aware of the dishonesty in the claim for therapy costs, leading to a verdict of fundamental dishonesty and the dismissal of the entire claim, even those parts that were legitimate.
Graeme Mulvoy, a partner at HF, commented on the trend of increased claims since the whiplash reforms, highlighting the particular rise in tinnitus claims.
“In this case we were able to prove that the c. £4,000 of ENT therapy claimed had not in fact taken place,” Mulvoy said. “Utilising Section 57 of the Criminal Justice and Courts Act 2015 can lead to the claimant losing their entire award, even for the legitimate injuries, once they’re found to be fundamentally dishonest.”
Ian Price, head of motor claims fraud at Admiral, also reflected on the case's implications, stressing that dishonesty in claims could undermine the chances of receiving any compensation.
“We’re fully committed to paying out on genuine injury claims quickly and fairly,” Price said. “However, we will defend all claims we believe to be dishonest in order to protect the best interests of our customers.”
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