EWJ June 61 2025 web - Flipbook - Page 65
Judge Orders Moped Rider to
Pay £25,000 Following Fraudulent
Personal Injury Claim
A moped driver has been ordered to pay £25,000 by Croydon County Court after dashcam
footage revealed that a personal injury claim made following a road traffic accident was false
and fundamentally dishonest.
Mohamed Riouj, 44, brought a claim against a driver
who was insured by AXA, alleging that a road traffic
collision in London in May 2018 left him unconscious,
with multiple injuries including two lost teeth. The
claim was valued at £17,000.
“In this case it was concerning that the claimant's legal
representative persisted with the claim despite longstanding notice of the issues, including incontrovertible evidence showing that no head injury could have
been sustained. We hope that the finding of fundamental dishonesty against Mr Riouj shows the importance of investigation and expertise in fighting against
fraud and serves as a warning to others.”
However, video footage from a nearby bus used
obtained during investigations by Clyde & Co on behalf of AXA showed the insured’s vehicle was stationary when Riouj collided with it and that, contradictory
to the claimant’s version of events, he did not hit his
head.
Damian Rourke, Partner at Clyde & Co, who
represented AXA, commented:
“This case is a textbook example of why objective
evidence like dashcam footage is vital in exposing exaggerated and dishonest claims. Despite presenting a
convincing narrative on paper, the facts told a very
different story. The court rightly took a strong stance
to protect both the integrity of the legal system and
the interests of honest policyholders.”
The case, heard at Croydon County Court before
District Judge Bishop, concluded with the court finding the claim to be fundamentally dishonest. The
judge noted “conflicting accounts” and labelled parts
of Riouj’s evidence as “downright lie[s],” particularly
his claim of dental injuries, which medical records
showed had occurred weeks earlier in Morocco.
The court awarded AXA their full counterclaim, with
Mr Riouj ordered to pay defendant damages, plus interest, along with the costs of defending the claim
summarily assessed in the sum of £25,000.
Under cross-examination, the claimant admitted he
had not been knocked unconscious, despite maintaining otherwise in his witness statement, medical
evidence and replies to Part 18 questions.
Clyde & Co are specialists in dealing with Fraud
claims, and we closely monitor developments around
this topic. To read our latest insights please visit
https://www.clydeco.com/en/insights.
Edward Frost, Head of Claims Fraud Strategy and
Intelligence at AXA UK said: “Insurance fraud is a serious crime which has significant consequences for
fraudsters but sadly also results in higher insurance
premiums for honest customers as insurers are faced
with increased costs. For this reason, AXA UK is committed to pursuing fraudulent cases to ensure we can
prioritise protecting our customers.
If you have any questions about this topic you can
contact Damian Rourke at
Damian.Rourke@clydeco.com
Mr David Miller
Consultant Orthopaedic Surgeon
MBChB, MRCS, FRCS (Orth)
I am a Consultant Orthopaedic and Trauma Surgeon with a specialist
interest in; shoulder, whiplash claims, soft tissue injuries, elbow and
upper limb injuries. I also undertake medical negligence cases.
I undertake approximately 250 personal injury reports per year.
I cover the Crewe, Stoke-on-Trent, Leeds, Cheshire, Leicester
and London areas. Also available for home/domicillary visits
I am able to offer quick appointments and preparation of reports.
Email: dvmill@aol.com
Tel: 07734 849 218 - Fax: 01270 612 043
Leighton Hospital, Middlewich Road, Crewe, CW1 4QJ
EXPERT WITNESS JOURNAL
63
JUNE 2025
