Weightmans were recently instructed by an insurer to pursue recovery against their insured’s employee, a Spanish resident, who had fraudulently claimed compensation from our client following an accident abroad.
The employee, (now debtor), was a cabin crew member employed by an airline, our client’s insured. On 8 October 2025, the debtor tripped on a defective step at Casablanca airport and fractured the fifth metatarsal bone in her right foot. The accident occurred whilst she was actively working and as such, she was entitled to recover overseas medical expenses and 3 months of home ill-health coverage under her employers Protect & Assist policy cover. Following her accident, the debtor received initial treatment in Morrocco and then she travelled onto Portugal where she had her ankle placed in a cast.
There were no concerns regarding the occurrence of the accident or the treatment received in Morocco and Portugal and so, our client proceeded with payment of an initial €800 to the debtor in respect of the treatment expenses.
However, the debtor then went on to make further claims under the insurance policy for alleged treatment expenses in Spain. She then continued to submit treatment invoices outside of the 3-month period allowed by the policy (which she knew she was not entitled to), alleging “extraordinary circumstances”. These were eventually accepted and paid by our client. In total, the debtor received over €15,000 from our client.
The debtor submitted two further invoices for treatment at a physiotherapy centre in Spain, which raised immediate concerns (and were not paid). She was asked to provide a full bank statement for all recent payments which she failed to do. She then withdrew her claim for the invoices and requested the closure of her claim, which was considered highly suspicious behaviour in the circumstances.
Subsequent investigations revealed that the bank statements and treatment invoices submitted were likely to have been fabricated. In particular, the physiotherapy centre in Spain confirmed that they had no relation to the debtor whatsoever and that they did not issue the invoices, suggesting they were fabricated.
Yasmina Villar Lopez of Weightmans’ Cross Border and Travel Team was instructed to seek recovery of the full amount paid to the debtor in respect of the rehab treatment, and a letter of claim (in Spanish) setting out the details and result of fraud investigations was dispatched. Further, the applicable law and jurisdictional right to proceed with the claim under the terms of the insurance contract, was set out, indicating our intention to issue court proceedings in England and Wales against the debtor pleading allegations of fraud.
Eventually, we were contacted by the debtor’s lawyer in Spain confirming liability was admitted and her intention to reimburse the client in full.
This case is a perfect example of combined cross-border and the fraud expertise at Weightmans, which led to an excellent result for the client.
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