One of the unfortunate consequences of the prevalence of so called ‘crash for cash’ insurance frauds is that innocent motorists can come under suspicion. In one such case, a taxi driver was cleared of fraud by a judge and awarded more than £28,000 in compensation for his injuries and damage to his vehicle.
The man was at the wheel of his car when another car emerged from a side road and collided with him. He launched a claim against the other driver’s motor insurers but was met by an accusation of fraud. The insurers claimed that the accident had been staged and that both drivers had conspired together in a money-making scheme.
In rejecting those accusations, the judge found that a 999 phone call that the man had made from the scene of the accident had the ring of truth about it. His palpably honest evidence was consistent and convincing and the accident was genuine. The driver of the other car was also an honest witness and the judge was satisfied that neither man had any knowledge of the other before the accident.
The other driver had failed to see 'give way' lines at a junction in snowy conditions and was wholly responsible for the accident. In those circumstances, the man was entitled to full compensation and was awarded £28,070. The facts of the case emerged as the Court of Appeal dismissed the insurers’ challenge to the judge’s decision.
For further information on this article, please contact Mike Sutton on 0121 698 2200, email m.sutton@sydneymitchell.co.uk or fill in our online enquiry form.
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