Fiddling the books

Fiddling the books

I got knocked off my Kawasaki Versys 650 about four years ago. Liability was admitted straight away.

I properly injured my foot from the motorbike accident and because I’m a truck driver my employer sacked me as I couldn’t drive.

All was well and good and my motorcycle accident claim was cracking on to trial. However, the defendants have now sent a video showing me driving a truck and working.

I admit I have been working ‘cash in hand’ for about a year. I deliberately didn’t tell anyone my foot was better and I was working as I didn’t want that money taken into account.

Basically I wanted to get as much compensation from the motorbike accident as possible (doesn’t everyone!). The defendants are now threatening to make an application to the court and my solicitors have told me to drop my claim. However, I have told them to shove it as I did get hurt from the motorbike accident and I should get something. What do you think?

Answer

Some may say you are the kind of a man that you would use as a blueprint to build an idiot. You have lied pure and simple and you did it deliberately to try and get more money from the motorcycle accident than you were entitled to.

If you don’t drop the case first (and I advise you do) I suspect the defendants will be making an application in light of s.57 of the Criminal Justice and Courts Act 2015. If successful, the whole of your claim will be thrown out due to you being “fundamentally dishonest in relation to the primary claim or a related claim”.

You may also face a criminal prosecution for lying to a court. In addition, you should also expect a bill from the defendants and from your solicitors (as you misled them).

All in all, your lie will cost you dearly and I have no sympathy. Compensation is to put you in the same place you were, but for the motorbike accident. A claim is not meant to be a ‘lottery win’.

Andrew ‘Chef’ Prendergast

Motorcycle Monthly April 2018

Posted by Andrew Prendergast. Posted on: July 26, 2018 at 10:08 am

Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.

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