The Issues

The Claimant was the front seat passenger in a vehicle being driven by his brother-in-law when, on 2 June 2016, the first Defendant, drove into the rear of the vehicle the Claimant occupied. Liability was admitted and so the claim was for the injury and losses alleged by the Claimant to have been suffered as a result of the accident.

At trial, the Claimant relied upon a medical report which stated that the longevity of those injuries was six months post-accident. Some weeks following the accident, the claimant was involved in a subsequent accident involving a quad bike in which he had to attend the Accident and Emergency Department due to the injuries sustained. He did not disclose this subsequent accident to the medical expert.

The Defence alleges that the Claimant had been fundamentally dishonest by exaggerating his injuries and had misled the medical expert by failing to mention pre-existing injuries. HHJ Rawlings somewhat acceded to the Defendant's submissions about the longevity of the injuries being inconsistent with the Claimant’s own evidence at trial such that no reliance could be placed upon the medical report.

HHJ Rawlings concluded that the Claimant had proved his case and that there was a genuine collision despite the Defence alleging it was a bogus claim based on a collision that never happened or was contrived. The Claimant was not found fundamentally dishonest. The Defendant appealed.