Direct Line has failed in a High Court bid to prove that a Dorset man exaggerated his injuries in order to claim £3.4m in compensation.
Mark Noble, 43 of Wareham, Dorset, was seriously injured after being knocked off his motorcycle in September 2003 and was awarded £3.4m damages by Mr Justice Field in March 2008 after motorist Martin Owens admitted liability for the accident.
However, following the 2008 judgment, Direct Line arranged video surveillance of Mr Noble after being tipped off by a neighbour that he was exaggerating his injuries. The insurer had also used video surveillance at the time of the first trial. An order was also made, freezing £2.25m already paid out.
David Williams, from RWPS Law, said: “After three uncertain and troubling years it is at last time for Mark Noble to get on with his life. Over a year ago the majority of his damages were frozen meaning that he was unable to put in place many of the arrangements he wanted to so that he could get on with his life following these devastating injuries.
“He and his partner have had to endure a second trial in which they were accused of lying but their account has been accepted and the challenge to the award rejected.
“It is a victory of sorts for Mark’s integrity to be vindicated but he will never have the life he had before the accident and the extra pain and suffering he has had to endure. This is a most unusual case which has taken considerable fortitude on the part of Mark and his partner to fight. We are naturally pleased that a just result has been achieved.”
Allan Clare, director of risk, financial crime and security for Direct Line, said: “Direct Line was provided with information via the Insurance Fraud Bureau’s Cheatline about a claim that we had paid. As we take all allegations of fraud seriously, whether pre or post payment, we commenced an investigation. We gathered evidence and when we felt we had a strong case, we presented this to the court.
“Unfortunately, the judge disagreed with our argument. We feel that we had a robust case and we would not hesitate to act in the same manner again, if presented with similar evidence. Insurance fraud is a serious crime, and one which adds around £40 to the cost of every insurance policy. We are grateful to the person who gave us the information and would encourage anyone who has concerns about someone committing insurance fraud to contact Cheatline.”
Mr Noble added: “Not a day has passed in almost eight years that I haven’t felt the effects of the accident. Direct Line’s allegations that I have lied and profited from this tragedy are sickening.
“I lead a life of painkillers and antibiotics. My life and that of my family will never be the same again. I wake up never knowing how I will feel and what I will have to face. Direct Line have made a tragedy more painful and extreme and I can’t forgive them for what they have put me through.”
“I try to make the best of every day and continue to work hard for a better quality of life. My legal team have worked tirelessly on my behalf and I would like to thank them together with all the doctors, family members and friends for all their help and support.”
Medico-Legal News Source: Post Online
