Fraudulent whiplash claim leads to 12-month prison sentence for father-of-three

A man who tried to claim £15,000 for whiplash has been sentenced to a 12 month prison sentence after fabricating his road traffic accident claim.

The High Court recently heard that Bernard Parmer, a father-of-three, either made or caused to be made a total of six different false statements of truth after traffic accident in the West Midlands in 2012 between a Vauxhall Corsa and a Jaguar.

Parmar went on to claim damages for a whiplash injury following the collision, but this claim was contested by the other parties' insurers AIG Europe on the basis that it was fraudulent.

The case originally went to trial in July 2015 at Walsall Country Court, where Parmar and two supporting witnesses were cross-examined. Parmar then stopped attending the trial after the first day, and his solicitors withdrew for want of instructions.

His Honour Judge Gregroy said in his subsequent judgement that the claimant made for a 'patently and persistently dishonest' witness due to his behaviour on the witness stand, which included avoiding questions, obfuscating the facts and claiming he couldn't remember certain facts and details.

Judge Gregory said:

"I unhesitatingly have come to the view that this is indeed a fraudulent claim. The manner in which it has been pursued must mean that there has been a conspiracy to pervert the court of justice."

After the claim was dismissed, AIG made a committal application in relation to a false statement of truth.

His Honour Judge Robert Owen QC heard that one statement of truth provided by Parmar contained nine pages of ‘utterly false detail’. His assertion that the force of the collision was 'enough to shear off the steering wheel' was deemed to be 'ludicrous'.

Parmar's legal representatives attempted to argue for a suspended custodial sentence on the grounds that a prison sentence would negatively affect his family, but Judge Robert Owen QC said that it was clearly a 'carefully planned fraud' that attempted to deceive a trial judge and undermine the legal process entirely. He said:

"This is not and would not have been a victimless crime for such unlawful conduct,’ said the judge. The reality is that had you succeeded innocent persons would end up being adversely affected financially.

"Not only that, by having to pay higher premiums the insurers themselves have suffered a significant financial outlay which they have been unable to recover and which doubtless in due course may in part be passed on to ordinary law-abiding motorists.

"It is well understood by the public and people like you who decide knowingly to attempt to defraud and undermine the legal system that those who undertake this behaviour may expect a sentence of imprisonment."

 

 

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