MMA fighter taps out of fundamentally dishonest claim

A road traffic accident claim that was inflated through a number of medical claims has been identified and defeated by Keoghs and Hastings Direct, with a finding of fundamental dishonesty recorded by the court. After footage of the claimant competing in an Ultra Mixed Marshall Arts Fight was presented, he admitted dishonesty and agreed to pay costs of £11,800, resulting in an overall saving of £16,000.

The accident, which happened in 2023, was itself genuine, with engineering evidence and images showing extensive damage to the vehicles. The damage was confirmed to be in line with a collision that was severe enough to have potentially caused injury. However, after further investigation, it was clear that there was evidence of claims layering (multiple additional injuries submitted following the accident) with a chain of referrals that would inflate value rather than accurately reflect the claimant's condition.

The first medical expert, submitted by the claimant, gave no prognosis but referred him to further specialists. At that stage, the claimant reported only tinnitus. By the time an Ear, Nose & Throat (ENT) specialist examined him, the claimant reported vertigo and hearing loss. Both had resolved prior to examination and were impossible to verify, along with the tinnitus. The ENT expert’s timeline for the resolution of the symptoms simply did not add up.

Across the various reports, alleged injuries ranged from whiplash and a foot injury to tinnitus and psychological symptoms, each with lengthy prognoses. The thrust of the case appeared to be to maximise the value of the claim by diagnosing multiple injuries with longer than average prognoses. 

The claimant's medical records revealed a pre-existing history of psychological issues that had not been disclosed to the psychology expert. Also, despite reports suggesting long lasting symptoms, the claimant had not sought any GP treatment following the accident, something that would ordinarily be expected given the level of ongoing symptoms alleged.

Intelligence searches further revealed that the claimant had participated in an Ultra MMA fight approximately eight months after the accident. YouTube footage of the fight showed the claimant moving freely and actively participating. Reports from the GP expert and psychologist had detailed the impact of his alleged physical and psychological symptoms on daily life, yet the fight took place just six weeks after his initial examination.

When presented with this evidence, the claimant discontinued at the witness evidence stage. An application for a finding of fundamental dishonesty was pursued to enable cost recovery, and at the hearing the claimant admitted the claim had been fundamentally dishonest. The court recorded the finding accordingly, with the claimant agreeing to pay costs of £11,800, and an overall saving for Hastings Direct of £16,000.

Luke Warner, Head of Claims Fraud at Hastings Direct said: “Fraud remains a persistent issue within motor claims, and practices such as claims layering ultimately drive higher premiums for honest customers. We are pleased with this outcome, which reinforces our commitment to protecting our customer by challenging dishonest claims, whether opportunistic or organised in nature.

Rachael Stirling, Keoghs lead on the case, added: “This case is a clear example of how rigorous investigation can expose claims that simply don’t stand up to scrutiny. Claims that arise from genuine accidents but are subsequently exaggerated for financial gain can be difficult to defend but by working collaboratively with Hastings and finding and presenting compelling evidence, we were able to uncover the inconsistencies in the claimant’s evidence and secure an important finding of fundamental dishonesty.”

Rachael Stirling - Solicitor