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The third party in an accident is fraudulently claiming whiplash - is there a precedent for this?
My partner's daughter recently ran into the back of another car very slowly and there was no damage to either car. There is photographic evidence to back this up. The other party is now claiming for whiplash injury, which would appear extremely unlikely. She accepts that it was her fault. I seem to remember that you recently quoted case law where someone made a false claim for this and was imprisoned and this case has been used to deter other fraudulent claims. If I have remembered this correctly, can you tell me which case this was or am I confusing this with some other case that you quoted?
Asked on 13 July 2013 by JL, Coldstream
Answered by
Honest John
The conviction in question sets no case precedent. The fact is that the fraudulent claimant was judged to be lying in court and as a result was sentenced to nine months for perjury. So all you can do with this is remind your fraudulent claimant of the potential consequences if she is challenged and found to be lying in court. That's usually enough to shut them up.
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