Fundamental Dishonesty Found Against A Non-Attending Claimant
I have previously reported upon a claim where the Claimant’s case was thrown out for his Fundamental Dishonesty.
More recently, an injury Claimant has been found Fundamentally Dishonest without even being in Court to plead her case!
In the matter of Wise v Hegarty & Alpha Insurance, His Honour Judge Gargan found no sign of any accident having even happened and accepted telematics evidence to that effect!
The matter had been listed for a trial in July. The Claimant was informed of the date by her solicitor, before they ceased acting for her. However she failed to turn up for trial.
Ordinarily the trial would have been cancelled and the case dismissed, but the Second Defendant, Alpha Insurance asked for the trial to run and for a finding of Fundamental Dishonesty to be made.
The Court heard telematics evidence taken from a box installed in the at-fault driver’s car, that showed the vehicle was not even active at the alleged time of the accident and indeed was inactive some 2.7 miles away from where the accident was alleged to have occurred!
There was no recording of any accident and no photo evidence of any damage.
The Judge made a finding that the accident had been invented and noted Facebook and other social media links between both drivers.
Judge Gargan was satisfied that there had been a fraudulent conspiracy agreed between all involved, A finding of Fundamental Dishonesty was made against the Claimant and First Defendant.
This would have opened up Alpha Insurance’s opportunity to claim back their wasted legal costs from the dishonest party’s.