In a recent decision, DAC Beachcroft CSG, acting on behalf of AXA UK, secured a finding of fundamental dishonesty and the dismissal at trial using social media evidence.
Background
The claimant, Mr Mangituka, a pedestrian, was struck by a vehicle driven an insured of AXA UK and brought a claim alleging that he had sustained injuries to his neck, left shoulder, lower back, left hip, left leg, pelvis, shock and suffered shakiness and anxiety as a result. A medical report was served in support of the claim.
AXA UK began investigating and discovered that Mr Mangituka has posted items on social media, contradicting his version of events. The claim was disputed and DACB were instructed to defend it.
Social media evidence
Despite having shared posts on social media, Mr Mangituka had not advised his legal representatives or the medical experts that subsequent to the date of the alleged accident he had trained for and participated in two boxing matches. On disclosure of the evidence, an approach was made by Mr Mangituka's representatives to discontinue the claim. AXA UK declined the offer and the trial went ahead.
The trial
During cross-examination, Mr Mangituka was challenged over his account of the accident and his medical report. He agreed that a pre-existing back injury and participation in a boxing match were highly relevant but denied failing to tell the medical expert about this. Mr Mangituka also denied that key details were deliberately withheld in order to paint a skewed picture of far more serious injury for financial gain. He did, however, admit committing an assault on AXA UK’s policyholder.
The judgment
The judge found that Mr Mangituka's medical report was thoroughly defective and that he had failed to establish causation of any injury and dismissed the claim. The judge went on to find that he had been fundamentally dishonest, ordering him to pay AXA UK's costs of more than £8,000 and allowed AXA UK to enforce against him.
Lessons to take away
This case demonstrates again the increasing importance of social media evidence in the defence of claims, particularly those where dishonesty is involved. The early identification of the availability of such evidence facilitated the adoption of a robust defence strategy with DACB and AXA UK working closely to achieve a positive outcome in the case.
Ed Frost, Head of Fraud Strategy at AXA UK said "At AXA UK, we work hard to identify and eliminate claims fraud because the cost of paying dishonest claims ultimately impacts all our customers. In this case, social media provided vital evidence of the claimant’s dishonesty and we were able to demonstrate that his claim for injuries sustained in the car accident was not valid.”
Claire Laver, Head of Fraud at DACB CSG said "This latest finding of fundamental dishonesty reflects AXA UK's ceaseless determination to identify and defeat this kind of fraud. It highlights what happens when the combined strength of expert counter-fraud teams is brought to bear and shows the real life consequences fraudsters risk when making such attempts. It should serve as a clear deterrent to anyone contemplating any such nefarious activity: the insurance industry and the justice system will hit back harder."
For more information or advice, please contact one of our experts in our Counter Fraud Team.
