By: 18 January 2023
Keoghs and AXA succeed in securing sentence for pothole claimant

Keoghs and AXA UK have secured a suspended prison sentence and 200 hours of unpaid community work for a claimant who fell off a coffee table and tried to blame her injuries on a pothole.

Diane Evans was sentenced at Merthyr Tydfil Crown Court on 5 January 2023 to 12 months in prison, suspended for 18 months, and required to carry out 200 hours of unpaid work in the community following a private prosecution.

Keoghs, the legal solutions arm of Davies, and AXA, brought the prosecution against Evans after the initial civil claim was struck out due to a successful defence.

Mark Stanger of the Keoghs Advocacy team conducted the private prosecution and Keoghs Fraud handled the initial civil claim defence.

Evans blamed the pothole concerned (pictured) for a fractured wrist and claimed £10,000.

But the incident was only reported two years later, raising the suspicions of AXA and Keoghs that the claim was based on a fabrication.

Mark Stanger, prosecuting barrister and head of advocacy at Keoghs, said: “This case demonstrates what can be achieved when an insurer takes a robust stance against claims fraud, treating it as the criminal behaviour that it is.

“It is to be hoped that those such as Evans who view this sort of behaviour as victimless and without consequence should take note.”

Chris Walsh, commercial claims director at AXA, said: “Through AXA’s robust fraud strategy, the technical capability of our people and the collaboration with our legal partners, we are pleased to have secured a successful outcome for our customer, our business and industry on this occasion.

“Insurance fraud is a serious crime which has significant consequences for fraudsters. Fraudulent claims result in higher insurance premiums for honest customers as insurers are faced with increased costs. That’s why AXA works hard to prevent fraud by investigating suspicious claims and by taking fraudulent claimants to court when necessary.”

Image: © nirat via Canva and Davies