Allianz wins ruling in dishonest claims case

Case demonstrates company's "zero-tolerance approach"

Allianz wins ruling in dishonest claims case

Claims

By Kenneth Araullo

Allianz has published details on a recent court case which led to a substantial personal injury claim, culminating in legal proceedings in 2023.

The incident involved an Allianz customer who, while reversing from a closed pump at the station, collided with another vehicle, causing minor damage. Allianz accepted liability for the accident and proceeded to repair the vehicle.

However, six months after the incident, Allianz received a personal injury claim from the third party involved, Pritesh Ganatra from Northampton. Ganatra claimed to have suffered neck, mid, and lower back injuries, in addition to losses in earnings, travel expenses, physiotherapy costs, and legal fees. Allianz, after evaluating the claim with its claims validation team, rejected it as dishonest.

Subsequently, Ganatra initiated court proceedings, claiming over £93,000 in lost earnings. Despite Allianz's stance that the claim was fraudulent and inconsistent with the vehicular damage, Ganatra presented documents to support his claim for lost earnings. Suspecting these documents to be fabricated, Allianz instructed its solicitors, Keoghs, to investigate further and defend the claim.

During the investigation, Keoghs obtained a court order for extensive disclosure of documents relating to the lost earnings claim. The evidence gathered reinforced Allianz and Keoghs' belief that the claim was false.

“Zero-tolerance approach”

The case was heard at Northampton County Court in October. Both the driver and Ganatra provided evidence. The court concluded that Ganatra had not sustained injuries in the low-speed collision and that the documents for his lost earnings claim were falsified. The court found the claim fundamentally dishonest and ordered the claimant to pay an initial £20,000 towards Allianz's legal costs, with the remaining costs to be determined later.

James Burge, head of counter fraud at Allianz Commercial, commented on the case, noting an increase in fundamentally dishonest claims, with individuals exaggerating circumstances for financial gain.

“This case demonstrates the continued work of the teams across Allianz and Keoghs and the zero-tolerance approach that Allianz takes,” Burge said.

Nigel Parker, associate solicitor at Keoghs LLP, also emphasised the importance of thoroughly investigating such claims.

“It is critically important that these type of claims are fully investigated and that claimants learn that they cannot lie and get paid out. This is a fantastic result for Allianz and Keoghs and shows the benefit of working together to get the right result,” Parker said.

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