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Simon Myerson QC @SCynic1
, 15 tweets, 4 min read Read on Twitter
Warning: long thread.
Request: could all lawyers please note.
2 weeks ago I had a road traffic accident. Fortunately, apart from a night’s discomfort, I was physically fine. I was also quite shaken up.
My insurance are dealing with the matter.
Today I received a telephone call.
When I answered, the young lady said that they’d agreed to deal with my case on behalf of my insurers. She asked me what happened. I was slightly surprised, because I had provided a full account already.
Nonetheless, I wanted to be helpful so I gave my account. She then told me
that the third-party was alleging it was my fault. I don’t agree, but that’s fine – he can give his own account in due course.
She then told me that his insurers had set aside £3500 for any discomfort I had suffered.
I was naive. My 1st thought was that this was some sort of
benefit under my insurance policy. However, she then told me that I had to say I had back pain. I told her that I did not have back pain. I told her I had been very shaken up for 5 or 6 days, & that for about 24 hours my shoulders had been tight, but that happily nothing had come
of it. She told me that the money was there for me, & I wasn’t to worry because nobody would want to medically examine me. All I had to do was confirm that I had ongoing back pain. I said I didn’t. She said the money was there because I’d suffered discomfort. She said the 3rd
party was claiming he had also suffered discomfort. I said that I’d happily say what had actually happened. She put me through to a company called SAA, who told me they represented 27 firms of solicitors. They asked if I had continued pain for 6-8 weeks. As that was impossible,
given that the accident was 13 days ago, & as the answer was no I said no. They said they couldn’t accept the claim & I said fine.
Within 90 seconds the young lady’s supervisor rang me. He told me that I could not say what would happen in the future, & that I should claim the
money because it had been set aside for me. I explained that I did not have back pain. He told me I may have back pain later.
At that point I told him that I had 31 years experience in personal injury work, & I thought it unlikely. He said one never knew. I agreed & said if I did
develop backpain I could get a medical report. He told me that if I said today I did not have back pain I could not ever make a claim.
I corrected him and told him I had 3 years.
He told me that though I technically had 3 years, no solicitor would ever take on the case unless I
made the claim today. I told him that that was flat out wrong.
He told me that I was wrong, & that I was losing any chance I had to make a claim. All I had to do was say that I’d been suffering since the accident & expected it to continue.
I told him the call was over.
A number
of points arise. First, the pressure put on me to tell outright lies was considerable. When I next sit to determine these cases, I will want an account from the claimant of these conversations. It seems to me that people without specialist knowledge will make such claims because
they have been told lies.
Secondly, there is no doubt this is a fraud. In my view it is also an attempt to pervert the course of justice. I have no idea whether my insurance company knows what is going on, but they must have given these people my name. For profit? No wonder
insurance is so expensive if claims are being inflated in this way. £3000 is, in any event, far too much for a few weeks discomfort.
Thirdly, why is @BritishInsurers not policing this? I was told expressly that these people had accepted my claim from my insurers. That may be a
lie, but they are holding themselves out as agents.
Fourthly, having deregulated the market, does @MoJGovUK accept the slightest responsibility for what is happening? A proportion of these claims will be litigated at public expense.
Fifthly, does the judiciary know what’s
happening? It was eye-opening how insistent these people were & how dishonest.
It seems to me this problem needs urgently to be addressed - @JudiciaryUK.
I’m gobsmacked. Please feel free to RT & tell your local judge.
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