By: 5 April 2023
LV= and Clyde & Co win dismissal of £250k claim

General Insurance company LV= and law firm Clyde & Co have secured a ruling of fundamental dishonesty against a woman who attempted to claim more than £250,000 for injuries resulting from a vehicle collision.

A judge at Cardiff County Court found last month that Claire Thomas fraudulently exaggerated her symptoms, which included soft tissue injuries, migraines and psychological problems, following a car accident in 2016.

Her car was hit in the rear by a van while she was stationary in a queue. Two years later, Thomas launched a legal claim for unlimited damages for injuries to her back, neck and shoulders, as well as secondary fibromyalgia syndrome and migraines.

She also alleged to have experienced psychological problems as a result of the accident, including travel anxiety, flashbacks and low moods.

According to Thomas, these symptoms disabled her, meaning she had limited capacity to work or walk any distance.

LV=, whose policyholder’s van struck Thomas’s car, was suspicious of her symptoms and instructed Clyde & Co to investigate.

Following a surveillance operation and review of her social media, the law firm found that, among other activities, Thomas had taken a trip to Switzerland, attended a concert by singer Pink, volunteered to help at the Leeds Music Festival and had undertaken the strenuous Four Falls Walk in the Brecon Beacons.

Medical experts who examined Thomas found that there was no orthopaedic reason as to why she should be limited in her walking ability, while neurologists gave evidence that there was no neurological reason for her apparently ongoing symptoms.

Judge Harrison commented: “I am driven to the conclusion that the defendants have established on the balance of probability that the claimant has not presented a truthful account of her symptoms…as such I must conclude that she has been fundamentally dishonest. The law requires me therefore to dismiss her claim.”

Vanessa Brooks, senior associate at Clyde & Co, said: “There was never any doubt that Ms Thomas was not at fault in the accident itself but the sheer scale of her exaggerations has led to her claim being dismissed. As tempting as it can seem, exaggerating medical symptoms in order to claim compensation can lead to the entire claim being judged as fraudulent.”

LV= will now be seeking to recover costs from Thomas, and she will also have to repay an earlier interim payment made by the insurer. Consideration will also be given to issuing committal proceedings for contempt of court.

Martin Milliner, claims director at LV= General Insurance, commented: “We do not tolerate dishonesty and committing insurance fraud is a serious crime.

“As a major insurer, we will act where we believe there is wrongdoing to protect the interests and premiums of honest customers.

“This should send a warning to anyone who believes making money from an insurance claim is acceptable, as this will have serious consequences for Ms Thomas and her future.”

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