Moped driver's £126,000 claim rejected as fraud exposed

Claimant left with thousands in legal fees

Moped driver's £126,000 claim rejected as fraud exposed

Legal Insights

By Kenneth Araullo

A South London moped driver’s attempt to secure over £126,000 in compensation from Direct Line has been rejected following an investigation by Clyde & Co, which revealed that photographs submitted as evidence were staged.

The claimant, 24-year-old Fabiano Pereira Da Silva from Bexley, is now facing an estimated £30,000 in legal costs after the collapse of his claim.

The case originated from a minor incident in February 2022 on the A223 Bexley High Street, where Da Silva, a part-time delivery driver, was riding a moped in slow-moving traffic. The defendant, a driver insured by Direct Line, was behind Da Silva in a BMW.

When traffic began moving forward, the BMW rolled forward at low speed and made light contact with the back of Da Silva’s stationary moped. The only damage reportedly sustained was to the moped’s back box bracket, estimated at £60, which the BMW driver offered to replace.

Despite the minor nature of the contact, Da Silva submitted a claim alleging that the impact threw him to the ground, causing injuries to his left leg and neck, as well as travel anxiety, with a valuation of £3,500.

He further claimed that the moped was written off in the incident and sought £121,759 in credit hire charges for a replacement vehicle between February 2022 and May 2023, along with £1,174 in recovery and storage fees. The total claim amounted to £126,433, with an additional £50,000 in reserve for his solicitors' fees.

To support his claim, Da Silva submitted a series of photographs he said were taken at the scene of the incident. However, Clyde & Co’s motor fraud team, representing Direct Line Group, found that the images had been staged in a different location from Bexley High Street.

After Clyde & Co disputed the claim, Da Silva attempted to settle for a reduced amount, which was declined. Ultimately, Da Silva withdrew his claim before it proceeded to trial at Dartford County Court, leaving him with an estimated £30,000 in legal expenses.

Commenting on the case, Paul Jackson (pictured above), senior litigation executive at Clyde & Co, stated, “They say a picture is worth a thousand words, but in this case the claimant hoped his staged photos would be worth tens of thousands of pounds in unmerited compensation.

“This outcome should serve as a warning of the robust approach we will take to continue to expose the behaviour of dishonest individuals seeking to make spurious and exaggerated claims,” Jackson said.

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