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Law firm Keoghs, which helped LV= secure a conviction against a personal injury fraudster, has called for legislative reform to deter criminals seeking damages.
Minaxi Shah claimed damages for personal injury and associated loss rising out of a road traffic accident with an LV= customer on 18 December 2005. She claimed to be severely disabled as a result of the accident, was unable to work and required between five and eight hours of care and assistance every day.
At the time she was receiving incapacity benefits and the claim overall, was valued in excess of £650 000. Evidence in support of the claim was given by husband Anil Shah and Neha Sha, daughter.
They provided signed statements to the court confirming the claimants’ allegations.
LV= became suspicious and found evidence proving the claimant was not disabled and was working as an accountant. All three family members involved in the case were sentenced to serve between three and six month imprisonment by the Royal Courts of Justice.
Martin Millner, LV= technical claims director at Keoghs, hailed the successful conviction as a “significant victory”.
But he raised concerns over fraudsters successfully making claims: “We believe there needs to be a step change in the law to deter attempted fraudsters getting any damages in a case like this.
“Currently, even when criminal activity is proven, the law still allows claimants to retain the damages they are awarded for the accept part of their claim.
LV= believes that it is unacceptable for fraudster to benefit in anyway and receive any kind of payment.”
Neil Southern, partner in the complex fraud team at law firms Keoghs added: “This decision is further confirmation that the justice system also takes these crimes seriously, sending a clear message to any potential fraudsters that making bogus claims will result in serious consequences.”
Medico Legal News Source: PostOnline
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