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.
However, video footage from a nearby bus used in AXA’s defence 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.
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.
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.
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.
“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.”
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 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.
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