Butcher’s £200,000 complex injury claim given the chop

Akram v Fizah Grocers (HG) Limited

Surveillance footage and social media evidence gathered by Keoghs have combined to defeat a complex injury claim, saving Allianz over £200,000.

Background

The claimant, employed by the defendant as a butcher, was cutting a lamb carcass when his hand slipped and he stabbed his left arm with a knife. Liability for the accident was admitted at an early stage, however contributory negligence remained in dispute. Concerns soon arose around the legitimacy of the extent of the injuries, prompting further investigation.

Initial investigation

Keoghs were initially instructed by Allianz to try and elicit a response from the claimant’s solicitor after repeated failures to provide any meaningful information or medical reports relating to the alleged injuries. Also, despite the claimant’s assertions that he had not worked since the accident, there were concerns that he was working elsewhere, possibly on a cash in hand basis.

An initial open source investigation report was obtained which failed to uncover any social media presence. However, early surveillance footage captured the claimant working and using his left hand without any visible issue. Due to an absence of medical evidence, combined with the fact the case was pre-litigation, the footage was held back while further investigations took place.

Proceedings issued

When proceedings were issued, the claimant served orthopaedic and psychological evidence. Detailed descriptions of the injuries to his left hand suggested they were so severe that his grip and ability to lift objects was reduced, while he was unable to make a fist or keep his hand in the same position for long periods of time. Psychologically, the claimant alleged that he rarely left his home due to a fear of going outside, had become isolated from his friends and family, and had not returned to work. 

Potential language problems were also now raised, continuing to block the surveillance evidence being served or fundamental dishonesty being pleaded. Despite the claimant having signed the statement of truth for the Particulars of Claim and Schedule of Loss, all of which were in English, concerns arose that language barriers may be used to discredit any allegations of dishonesty. GP and DWP records suggested such language issues, stating that the claimant required an interpreter. To mitigate this risk, a strategic decision was made to wait until the exchange of witness evidence to ensure that any future proceedings included a verified translation. This was signed by both the claimant and an independent interpreter, when he again confirmed his inability to work.

Surveillance and expert opinions

While waiting for exchange of expert evidence, Keoghs obtained separate orthopaedic and psychiatric evidence, both of which were sceptical of the claimant’s reported injuries and disability. Further surveillance revealed the claimant working as a butcher and using his left hand without any restriction. Footage also captured him shopping and visiting various food outlets, one such excursion occurring mere hours before he attended a psychiatric assessment during which he reiterated that he hadn’t worked since the incident.

Updated social media searches also proved more fruitful. Accounts belonging to his wife revealed numerous posts and images of social gatherings, where the claimant was seen actively engaging in activities and using his allegedly injured arm, which directly contradicted both his psychological and orthopaedic claims.

Outcome

At this point, armed with the social media evidence and surveillance, Keoghs made an application to rely on both, seeking the court’s permission to plead fundamental dishonesty in an amended defence. A drop hands offer was made, following which the claimant filed a notice of discontinuance.
The discontinuance of the claim resulted in significant financial savings for Allianz of over £200,000.

Ben Fletcher, Head of Counter-Fraud at Allianz UK, commented:
“Our partnership with Keoghs has been pivotal in this case and our fight against fraud. Having seen a 50% increase in casualty fraud, within the last two years, this case underscores the importance of our collaborative efforts. We take all fraudulent incidents seriously and will continue to leverage advanced technologies and investigative techniques to protect our law-abiding policyholders and the integrity of the insurance industry.”

Nicola Pennington, Keoghs Associate on the Complex Injury team, said:
“This is a fantastic result that has been achieved through great collaboration between the team at Allianz and Keoghs. We are continually committed to preserving the integrity of insurers and uncovering the truth behind illegitimate claims to detect and fight insurance fraud and hope this result serves as a warning to others.”