Candid camera catches fraudster

A claimant who attempted to bring a claim against Allianz for £200,000, along with legal costs exceeding £80,000, is now facing the prospect of having to repay at least £40,000 in legal fees, having been found to be fundamentally dishonest.

The claimant, Michael Casserley, 49 from Oswaldtwistle, Accrington alleged that on the 23June 2018, he slipped in a restaurant toilet, causing a re-rupture of an injury to his Achilles tendon. However, suspicions were raised when it was discovered that he had misrepresented the extent of his injuries.

In one instance he told his own medical expert that he required a walking stick or mobility scooter to get around, but had, on the day of the visit, forgotten his walking stick.

In light of the discrepancies Mr Casserley was placed under covert surveillance and during this time the claimant was seen assisting a neighbour in carrying a sofa, contradicting his earlier claims of limited mobility.

Her Honour Judge O’Brien, presiding over the case at Burnley County Court on the 15^thJanuary 2024, stated that the claimant significantly exaggerated the extent of his difficulties and that his presentation to the experts was markedly different from his actual functionality, as evidenced by surveillance footage. She concluded that the claimant knowingly provided dishonest evidence and exaggerated his pre- and post-accident capabilities.

The claimant initially valued his claim at up to £25,000 but later tried to increase the amount to £200,000. The judge dismissed the claimant's assertion of variable condition of ‘good days and bad days’, made for the first time at Court, as it was not supported by any documentation, including the Department for Work and Pensions (DWP) records.

James Burge, head of counter fraud at Allianz Commercial, commented: “The excellent work that has been put into pursuing this case really highlights our determination to bring fraudulent claims to justice. Reviewing the footage brings home the importance of calling out all forms of fundamental dishonesty. The claimant, in this case, both in his actions and words was clearly trying to profiteer from our customer.”

Jonathan Head, Director with DWF, representing Allianz said: “This case underlines the importance of careful analysis of the claim presented; and the benefit of carefully targeted surveillance in the right case.

“The claimant was given a number of opportunities to walk away from the claim, but pressed on until almost the very end, causing substantial legal fees to be incurred by Allianz, and by his own solicitors.”

Ultimately, the claim was withdrawn shortly before a scheduled two day trial, but the defendant, Allianz’s client, pursued the matter, resulting in the claimant being found fundamentally dishonest and ordered to pay £40,000 toward the defendant's costs.