Claimant forced to pay Aviva's whiplash defence costs in another victory for insurers

Aviva has won a significant victory against a dishonest whiplash claim that means the claimant will have to pay all Aviva’s costs for defending the case.

In the case of Andrew Fish versus Patrick Hillman, the judge dismissed Fish’s whiplash claim after finding him to be an “inconsistent and dishonest witness”.

Aviva was able to prove its fundamental dishonesty case and recover its legal costs under new rules.

Aviva UK and Ireland general insurance head of legal Howard Grand said: “This important case serves as a clear warning to those considering submitting exaggerated and fraudulent whiplash claims.

“As this case highlights, claimants quite rightly risk having to pay the costs associated with bringing fundamentally dishonest claims.”

Whiplash claims cost the £2bn a year, or around £90 on every motorist’s premium, while the low-speed, short-term injury claims account for around half of all whiplash claims.

Grand added: “Where [these claims] are legitimate, they are best treated with rehabilitation, not cash compensation. This will help the genuine injured party return to health while cutting the cost of motor insurance by at least £32 for everyone.”

Last month Admiral won a fundamental dishonesty case. The claimant made a claim for whiplash injuries after an Admiral policyholder had driven into the rear of their car after they had performed an emergency stop to avoid a collision with a motorbike.

The judge ordered that the claimants should pay Admiral’s costs of £6,000, but under qualified one-way costs shifting (QOCS) rules Admiral needed to prove in a further hearing that the claimant had been fundamentally dishonest.