The claim was brought by Mr Terell Brooks, a 33-year-old account manager from Romford, following a minor collision on the A13 in Essex on 19 August 2022. Mr Brooks had parked his Porsche 911 Carrera GTS on the edge of the road when a commercial lorry, insured by AXA UK, clipped the vehicle. Mr Brooks alleged that he was seated in the £81,000 car at the time of impact and suffered injuries as a result.
His claim included £63,435 for alleged damage to the Porsche, £5,000 for personal injury, £2,400 for medical treatment, and a further £3,374 for loss of earnings.
However, dashcam footage from the lorry revealed a different story. The video clearly showed the Porsche parked and unoccupied, with Mr Brooks visible several metres away in bushes behind a roadside barrier. It is unclear why he had exited the vehicle, but the footage confirmed he was not inside at the time of the incident.
After the footage was disclosed, Mr Brooks’ solicitors withdrew from the case. Clyde & Co, representing AXA UK, filed an Amended Defence stating the claim was “founded on a false premise,” asserting that both Mr Brooks and an alleged passenger knowingly gave false accounts to insurers, legal representatives, and medical professionals.
Mr Brooks subsequently discontinued his claim and agreed to pay AXA’s legal costs of £4,000. He signed a Tomlin Order formally admitting his claim was dishonest, confirming he was not in the vehicle at the time of the collision. No damages were paid. The order further confirmed that costs were enforceable under CPR 44.16, following AXA’s application to strike out the claim on grounds of fundamental dishonesty.
Deborah Talbot, AXA Claims Operations Manager, said: “This case highlights how technology is helping us to fight claims fraud. The dashcam footage provided clear evidence that Mr Brooks wasn’t in the car at the time of the collision, avoiding a potentially costly and lengthy court hearing.”
Damian Rourke, Partner at Clyde & Co, added: “Mr Brooks claimed he was sitting in his Porsche, belted up and injured. The dashcam showed him in the bushes. We still don’t know what he was doing there – but we do know he wasn’t in the car. His story fell apart the moment the truth came to light. In every sense, the claim was caught short.”
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