Judge declares Essex car racer's insurance claim is fast and fraudulent

  • 2023年6月26日 2023年6月26日
  • 英国和欧洲

  • Casualty claims

An Essex mechanic has had his £30,000 insurance claim for injury thrown out of court after he failed to mention that he’d previously broken his spine, pelvis, neck and ankle while ‘banger’ racing.

Jason ‘Boxer Jack’ Jackson, 43, from Basildon blamed his ‘severe back pain’ on a minor traffic collision but our investigations, on behalf of insurer AXA, tracked down a newspaper article from two years prior to the accident in which he talked about injuries he had sustained racing old motor cars. Mr Jackson had not disclosed any of these injuries to medical examiners.

Background

A mechanic and used-car salesman, Mr Jackson was involved in what the other driver described as an ‘unremarkable’ traffic incident in May 2017 on the M25 near the A1 junction. Four days later, claiming he was in pain from back and shoulder injuries, he instructed solicitors to represent him. AXA Insurance, the insurer of the second motorist, was concerned by the reported severity of Mr Jackson’s injuries resulting from a collision in standing traffic so instructed Clyde & Co to review the case.

During routine medical examinations, Mr Jackson failed to declare a previous spinal fracture picked up behind the wheel of his beloved ‘bangers’. In addition to the spinal fracture, investigators discovered that Mr Jackson had also suffered three broken ankles and a fractured pelvis as he crashed into other cars for sport in a hobby he previously described as a ‘safe and harmless recreational activity’.

Investigators also located photographs and posts on social media showing Mr Jackson continuing to race after his alleged injuries.

Confronted with this evidence, Mr Jackson attempted to discontinue his claim. However, AXA Insurance asked that the case continue. At a hearing at Romford on 16 February 2023, District Judge Goodchild dismissed Mr Jackson’s claim under section 57 of the Criminal Justice and Courts Act 2015 finding that Mr Jackson had been fundamentally dishonest. Mr Jackson was ordered to pay £23,000 towards the defence’s legal costs.

Commentary

Damian Rourke, the partner leading the investigation for Clyde & Co, said: “Mr Jackson wasted the court’s time and cost himself thousands of pounds by behaving dishonestly. Any genuine claim he had was rendered null and void by his attempt to gain as much money from the situation as possible.

“I hope cases of this nature serve as a deterrent to anyone considering insurance fraud.”

Chris Walsh, Commercial Claims Director, AXA Insurance said: “This case highlights the importance of declaring all relevant information when making a claim. Mr Jackson failed to mention previous injuries in a medical examination, and the fact that he continued to pursue his banger racing hobby after the accident. Both pieces of information proving pivotal to outcome of claims validation process.

“AXA continues to fight insurance fraud in collaboration with its legal partners, ensuring there are consequences for the perpetrators.”
 

结束

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