A Fundamental Dishonesty success - with a little help from a new surveillance “woof-icer”

The claimant, a cyclist involved in a road traffic collision at a roundabout, sustained multiple injuries including fractures to the hip, spine, and both hands. Liability was conceded.

An Immediate Needs Assessment (INA) was funded jointly and medical records were disclosed, which revealed that the claimant had a significant medical history, including early retirement on medical grounds following a stroke. She was in receipt of higher-level benefits and drove a Motability vehicle, but was cycling at the time of the accident and reported in the INA that she had been in training for a triathlon. This raised clear credibility concerns requiring further investigation.

We were informed that the claimant’s recovery was not progressing as hoped and she remained largely immobile. Initial surveillance commissioned around this time captured excellent footage of the claimant walking her dog at quite a pace.

The claimant had disclosed in the INA that she previously volunteered in a dog groomers. Open source searches linked her to a particular grooming salon. In a novel investigative approach, we instructed the surveillance operative (accompanied by their canine colleague) to book in for a groom. This plan was executed by the surveillance team flawlessly and the operative was invited to stay with the dog for the duration. His dog heroically remained in character while being picked up, carried, washed and pampered by the claimant. The footage was the stuff insurers and defendants dream of.  

We then arranged an examination with an orthopaedic expert and instructed the expert to record the claimant mobilising, with her consent. These short clips capturing the claimant's presentation under clinical observation contrasted brilliantly with the surveillance footage. 

Around this time, the claimant made a request for an interim payment of £70,000 to fund hand surgery and rehabilitation, and to purchase a wheelchair. When the interim payment was not forthcoming, proceedings were issued and this evidence, signed by a statement of truth, was the final piece of evidence we needed in order to allege fundamental dishonesty in the Defence. The surveillance and medical evidence were disclosed with the Defence.
  
It was game over for the claimant. We were instructed by our client not to pursue a finding of fundamental dishonesty. The total paid to the claimant in (interim) damages of £50,000 was less than the genuine PSLA element had the claim not been tainted by dishonesty. The damages and costs savings were significant. 

The takeaway

Creative thinking, forensic analysis of the records and targeted surveillance (with a little help from our four-legged operative) were key in securing an excellent outcome.