A lawyer, who submitted claims for personal injuries totalling £65,000 following a motor accident in 2015 and two in 2016, has been found to be fundamentally dishonest and ordered to pay costs of £90,000. Michelle Scully claimed that she had been injured as a result of all three accidents.
Instructed by AXA UK to investigate the claim, the Counter Fraud team at DAC Beachcroft identified that Scully had significant psychological and psychiatric history and relevant pre-existing medical history that she had not disclosed to her medical experts.
Numerous inconsistencies and disparities in the accounts of the alleged injuries given by Scully brought into question her credibility and honesty.
Scully had also lied to her employer, Bond Turner Solicitors, about her qualifications, stating in her CV that she had five A levels, when she had only one, leading His Honour Judge Bird to conclude that she "is a generally dishonest person".
Commenting on the ruling, Claire Laver, Head of Fraud at DAC Beachcroft, said, "Scully used her legal knowledge to present the fraudulent claims and has abused her position which was also obtained under false pretences.
"Due to the combined efforts of defendant lawyers, AXA UK and Admiral Group Plc, Scully's attempts to secure inflated levels of compensation have been defeated. She now has to pay the costs of four defendants to be determined by detailed assessment, and costs on account totalling £90,000.”
Edward Frost, Head of Fraud Strategy at AXA UK, commented, “Insurance fraud is a serious crime which has significant consequences for fraudsters but sadly also results in higher insurance premiums for honest customers as insurers are faced with increased costs. For this reason, AXA UK is committed to pursuing fraudulent cases to ensure we can prioritise protecting our customers. Our thanks go to DAC Beachcroft for their advice and assistance throughout the litigation of this case. We hope that the finding of fundamental dishonesty against Ms Scully shows the importance of investigation and expertise in fighting against fraud and serves as a warning to others.”
Claire Laver added, "Suspicious claims presented by professionals are trickier to defend because the stakes are higher for the person against whom the allegations are made. Scully used her knowledge and position to give an air of credibility to what she was stating to be fact.
"It is pleasing that, where the stakes are higher for the accused, so too is the punishment which will be far reaching for her in terms of financial implications and employment prospects. This decision is one of a succession of fundamental dishonesty findings we have secured recently arising from exaggerated and other forms of fraudulent claims."
