Fraudulent Claimants
In the case of Kirk v Walton 2009 the Claimant, Mrs Kirk, was awarded compensation for her injuries following a personal injury claim. She had been involved in a road traffic accident. However after "winning " her case the insurance company acting for the defendant brought proceedings for contempt of court against Mrs Kirk on the basis that she had deliberately misled the court as to the extent of her injury. They had obtained video surveillance of her involved in a number of activities which appeared to be contrary to the medical evidence she had provided and she had also tried to claim disability benefits. Although not all the allegations against her were upheld by the court, 2 of them were and she was ordered to pay a fine and a considerable amount of costs.This is an unusual case but it does show the lengths defendant insurers are now going to, to prove that some claimants are fraudulent.
July 2009
