Ghost passengers void driver’s insurance claim

Policyholder invalidates own claim after supporting phantom claimants

Insurance News

By Louie Bacani

A policyholder has forfeited his insurance claim after supporting two “ghost” passengers who tried to seek compensation over an accident three years ago.
 
Feim Ismaili was involved in a road accident on April 15 2013 and filed claims for personal injury and damage to his vehicle.
 
However, he also backed two people who had advanced claims for personal injury even if they were not in Ismaili’s vehicle during the accident.
 
District Judge Christopher Letham ruled that Ismaili had been fundamentally dishonest in relation to the ghost passengers’ claims by supporting their contention that they were in his car.
 
As a result of this fundamental dishonesty, Ismaili’s own claim would be dismissed, along with those of the ghost passengers. All three claimants were ordered to pay the insurer’s costs.
 
Legal firm DWF, acting for insurance company RSA, secured the verdict under the “related claims” clause of Section 57 of the Criminal Justice and Courts Act 2015.
 
DWF said the law was designed to stop the injustice of claimants recovering damages who had also supported fraudulent phantom passenger claims.
 
“In a case where all the claimants were party to the dishonesty, it is only just that they should all suffer the same fate,” said Stuart Poole, partner at DWF.
 
John Beadle, UK head of financial crime and counter fraud, said that the court verdict was a “great outcome.”
 
“Hopefully these types of attempts to commit fraud will start to dwindle when people start to realise how their dishonesty in supporting others has resulted in the defeat of their own claim,” Beadle said.
 
 
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