Allianz catches dishonest hearing loss fraudsters

Allianz has succeeded in getting two court cases for noise-induced hearing loss dismissed after the claimants were found to be fundamentally dishonest.

The insurer said that the claimants recently pursued damages after allegedly being exposed to excessive levels of noise in the workplace.

In the first case, which was held at Wakefield County Court, the claimant said he was exposed to noise whilst working as a farmer between 1976 and 1992.

However, documents obtained by Allianz and solicitors DWF showed that he also made a claim for hearing loss to the same defendant in 2015.

During questioning, the claimant stated that he had forgotten about the 2015 claim, but following further cross-examination, he agreed that his statement was incorrect and he was aware of the previous claim.

Second case

Meanwhile, at Mansfield County Court, another claimant brought a claim alleging exposure to excessive levels of noise while employed as a driver and mechanic between 2001 and 2016.

He claimed that he had been exposed to excessive noise from the tools he operated throughout his shift for the years in which he worked as a mechanic, while only working between two to four years as a driver.

Following cross-examination, however, the claimant admitted he had worked as a driver for up to nine years.

Additionally, his exposure to tools such as grinders, disc saws and ratchet guns accounted for seconds or minutes of a day, rather than amounting to hours of continuous use.

Costs

After both cases were dismissed, the judges disapplied qualified one way cost shifting (QOCS), meaning the defendants will be entitled to enforce its costs.

These have been passed to DWF’s recovery team, which will pursue those costs from the claimants.

James Burge, head of counter fraud, Allianz Commercial said: “Both cases show the lengths that claimants will go to fraudulently obtain damages and why we continue to pursue these types of claims through the courts and ensure that those who falsify claims are fully investigated and held accountable.”