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This case review was co-authored by Cameron Tait, Trainee Solicitor.
A sheriff in the All-Scotland Personal Injury Court recently found that a road traffic accident was staged and as such, dismissed the claim. This is the first time, that we are aware, a sheriff has made such a finding.
Background
The claim arose from a road traffic collision on 9 July 2020. The action was raised in the All-Scotland Personal Injury Court and was heard by Sheriff Nicol.
The collision involved a vehicle being driven by Mahmut Tas, and the second defender, Mohammad Arshad. The pursuer was a passenger in Mr Tah’s vehicle. The second defender drove out of a side street without giving way, colliding with Mahmut Tas’ vehicle. The collision was not reported to the police, nor did the pursuer seek any medical assistance. Quantum was agreed at £4,000, if the pursuer was successful.
After the collision, Mahmut Tas called Kwik Claims to recover his vehicle. Mohammad Irfan was a director of Kwik Claims, who was found to know all occupants of the vehicles involved.
AXA Insurance withdrew indemnity under the second defender’s insurance policy on 20 June 2023 due to the belief that insurance fraud was taking place.
Sheriff Nicol found that the collision was a staged one and that the parties involved were trying to perpetrate insurance fraud. He highlighted that there were numerous inconsistencies in the evidence of those involved. He found the witnesses to be neither credible nor reliable. He was satisfied having regard to the oral and documentary evidence that the “inescapable conclusion” to be reached was that the pursuer and other parties involved in the road traffic collision were complicit in insurance fraud and the evidence, looked at as a whole, favoured that inference being drawn.
AXA Insurance was successful in their assertion that the collision was staged. A decree of absolvitor was granted in favour of the first defender and the action was dismissed against the second defender.
Comment
This case acts as an important step in the counter fraud world in Scotland as Sheriff Nicol categorically noted that the accident had been staged. This is also a significant decision insofar as it is as a binding authority from the All-Scotland Sheriff Personal Injury Court, which will likely be quoted in pre-litigation correspondence and in litigated cases.
This case highlights that insurance fraud also takes place north of the border and is a positive step forward for insurers looking to fight fraud in Scotland.
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