Members of the Complex Injury team have been successful in convincing the claimant in a RTA to discontinue his personal injury claim which was pleaded at over £1.2m.
On 9.2.16 the defendant, insured by our client, collided with the rear of the claimant’s car at a roundabout. Although he initially refused to exit the car, the claimant soon did so after it was pointed out to him that the roof would have to be removed to get him out.
The claimant brought a claim, limited to £10,000, via the Portal. Liability was admitted but causation and quantum were both in dispute. The claimant’s preliminary medical evidence suggested that the claimant had soft tissue injuries which were expected to settle within a year.
Although engineers engaged by both sides agreed that the collision speed was no more than five mph, the claimant alleged that he could no longer work, required a live-in carer and was unable to walk unaided for more than a few steps. In his subsequent witness statement he said he was effectively wheelchair-bound.
His eventual schedule of loss valued the claim at over £1.2m.
We obtained surveillance evidence over several months that showed the claimant driving, unloading his car, shopping and generally going about his daily life in a normal way. Photos showing him attending a motorbike rally and camping had been posted online at the same time as the claimant said he could walk no further than five metres. On seeing this evidence, the defendant’s experts agreed that the claimant had not been truthful when they had seen him.
We applied to the court for permission to rely on the surveillance evidence and to amend the defence to include a pleading of fundamental dishonesty. Within two days of the application being listed the claimant discontinued and his solicitors came off the record.
We are seeking instructions to apply to have the discontinuance set aside and to pursue a finding of fundamental dishonesty so that a costs order can be obtained and costs recovered.
