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Family of 4 are accused of fraud but win their cases when the Defendant’s withdraw their allegations

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Accident circumstances

Mr S and three of his passengers were on their way to the train station to drop one of the passengers off. On the way the train station they approached a set off traffic lights where there were 3-4 vehicles in front that had come to a halt as the traffic lights were red. The lights changed to green and the vehicles began to move forward slowly. As our client was approaching the traffic lights they changed to red and Mr S reduced his speed and correctly came to a halt.

The defendant failed to reduce his speed and collided into Mr S’s vehicle. Both the claimant and the defendant exited their vehicles and exchanged details. Shortly after our client attended the hospital as he was experiencing pain.

Mr S and his passengers wished to peruse a car accident claim and after carrying out research for experienced personal injury solicitors Mr S came across our website and contacted our team where he went through the accident. After feeling reassured with our customer service Mr S and the three passengers instructed Clearwater Solicitors to represent them all to pursue a claim for personal injury compensation.

Third Party insurers position

The third party insurers failed to provide us with a response to liability within the given time which meant that the claim fell off an electronic portal.

We chased them for a response and they confirmed their enquires were on-going and were insinuating fraud stating

  • There was only one passenger in Mr S’s vehicle and not three.
  • The impact was of low velocity meaning our client could not have sustained injury and
  • That Mr S deliberately slammed on his brakes to induce the accident

Our clients strongly disputed these allegations and stated their claims were genuine. They all instructed us to pursue their claims and confirmed they would attend court if necessary. We informed the third party insurers we would be continuing with our client’s claims.

How Clearwater Solicitors resolved the matter

The case was then transferred to our experienced road traffic accident claims team where Shazia Ahmed who took conduct of the file.

–        Mr S contacted Mrs Ahmed and advised the defendant had visited his home and made threats to harm his family member should he continue with the claim. Mrs Ahmed advised the client to immediately make a report of the same to the police who warned the Defendant not to approach our clients.

–        Due to the third parties failure to respond to us within the given time we had no choice but to issue court proceedings on one of the passengers files.

–        The third party insurers instructed a specialist solicitors firm who deal with fraudulent claims. The third party solicitors submitted a Defence where they again alleged our client was making a fraudulent claim and supporting the claims of passengers who were not in the vehicle.

–        The Defendant’s submitted a form in which they confirmed who they would be calling to Court to give evidence. Mrs Ahmed noticed that a passenger who was in the Defendant’s vehicle was not listed on the form.

–        She immediately contacted the third party solicitors and asked for the passenger’s details as she intended on instructing an agent to interview the passenger.

–        Mrs Ahmed put forward a part 36 offer in relation to the passengers file to which the third party agreed to conclude the case.

–        Once that file had been settled the third party put forward offers for all the other occupants in the vehicle.

Our client was more than happy to accept the offer and was overwhelmed when the allegations of fraud had been withdrawn.

Shazia Ahmed’s comments on the case

The case was quite complex due to the multiple allegations against all our clients. Fortunately, our clients were determined to prove they were innocent. It is my belief the claims settled after the defendant’s solicitors questioned their insured why he was not calling his passenger to give evidence. They may even have contacted the passenger who may not have supported the allegations being made against our clients.

Unfortunately, the Defendant’s solicitors have never disclosed the reasons why they settled our client’s claims and withdrew their allegations. However, our clients were very satisfied with the outcome. In fact Mr S has recommended a friend to Clearwater Solicitors.

How Clearwater Solicitors can help you?

Clearwater Solicitors are experienced in dealing with complex personal injury claims where fraud is alleged. We have a great success rate in clearing our clients of allegations of fraud and securing settlement.

Contact us on 08000 430 430 to speak to one of our team today or click here to request a call back.

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