Liability Fraud

Traditionally, motor fraud has been the main focus of attention for fraud fighting activity across the industry.  However, liability fraud is now increasingly appearing on the radar.

Liability fraud is seen as an easy target, with little threat of detection or sanction – which echoes the public perception of motor fraud 5 – 10 years ago.  Liability fraud cases involve different processes to motor fraud cases; specialist skills and a certain mindset are needed to be able to distinguish the wildly optimistic from the dishonest claimant, and this is where Keoghs can add value.

Speedy and economic settlement is generally the main objective in routine liability cases, and lawyers gear their action plan around this.  However, when dealing with a fraudulent liability claim, the emphasis must be on adopting a more strategic approach.

Focus must specifically be given to assessing the prospects of investigating and proving the fraud risk, and repudiating/defending on the grounds of fraud where appropriate.  Whilst economic considerations must always be retained as a key factor, an entirely different strategy is needed when a legitimate fraud risk has been identified.

In liability fraud cases, alternative remedies and sanctions can also be considered, such as recovery in the tort of deceit; exemplary damages; freezing and search and seizure orders; and criminal prosecutions.  These are all tools in the box which can be applied to the right cases, in the right circumstances and with the right evidence. 



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