Claims for damages for personal injuries made by two claimants who said that they had been struck by signage which fell from commercial premises were rejected by the county court at Trial. There was no direct evidence available to the defendant’s insurer, Allianz Insurance, as to what had occurred, but the judge was referred to the claimants' medical records and their claims histories and following cross examination of the claimants, found that the alleged accident had not occurred and that both of the claims were fraudulent.
On 3 March 2022, District Judge Daley sitting at Wandsworth County Court found the claimants’ accounts to be untrue to the extent that they were fundamentally dishonest and the claims were dismissed.
Gittens and Ostach conspired together to bring the claims by alleging that as they were walking along North End Road, London, on 16 March 2019, a sign fell from the defendant’s building striking both of them and causing identical injuries.
A technical breach was admitted pre-litigation but there were significant concerns in respect of the accident circumstances and causation such that liability remained firmly in dispute.
Proceedings were issued on 23 November 2020 and a defence was filed putting the claimants to proof as to the occurrence and circumstances of the alleged accident and causation of their injuries.
Gittens produced video footage of the sign hanging from the building with metadata that was broadly consistent with the time of the alleged accident. Of significant note, there was no evidence that Ostach was there at all.
The claimants had a significant claims history including their involvement in 5 allied claims since their relationship began in 2017.
District Judge Daley said in his judgment that there was an improbability of the board falling and hitting both claimants in the same way and knocking them both to the ground. He could attach no weight to the evidence of the claimants and he did not accept their account that they were hit by the sign and if they were, that they were injured as a result.
The claimants were ordered to pay the defendants’ costs of defending the claims, which were assessed at just under £10,000, and removed the claimants’ costs protection, ensuring that the costs order may be enforced against them in full and without further order.
Chris Taft of 9SJS Chambers was instructed by Kerry Bell of DAC Beachcroft, on behalf of the defendant’s insurer, Allianz.
Claire Laver, Partner of DAC Beachcroft said: “organised fraud in casualty claims may look quite different to motor organised fraud but with the right evidence, the right strategy and supportive intelligence, findings of fundamental dishonesty continue to be achieved.”
James Burge, Head of Counter Fraud at Allianz Commercial, added: “Five claims in as many years; this accident-prone couple were either incredibly unlucky or fundamentally dishonest, as the court found. This is going to cost them a lot of money and we hope this serves as a warning to other opportunistic or organised fraudsters.”
For more information or advice, please contact one of our experts in our Casualty Fraud Team
