Fraudster jailed for contempt of court following exaggerated £350,000 RTA claim

The High Court has issued a custodial sentence to a motor insurance claimant who was found to have dishonestly exaggerated a road traffic accident (RTA) claim for damages in excess of £350,000. 

The case involved Jody Poole, who allegedly featured in a road traffic accident on 4 May 2017. She submitted a claim with her insurer, Hastings Direct, stating that she experienced abdominal swelling, increased blood pressure, headaches and seizures – which led to a diagnosis of non-epileptic attack disorder – as a result of the motor incident.

Poole therefore claimed that she required extensive care following the RTA and that she had not worked since it occurred, with her income limited to benefits from the UK’s Department for Work and Pensions.

However, an investigation instigated by Hastings Direct and confirmed by the High Court’s Judge Tindal confirmed that Poole’s claim had been fabricated, with any injuries linked to the RTA limited to soft tissue damage.

The insurer’s investigation included 18 days of surveillance over a 26-month period. This revealed that Poole had been heavily involved in the establishment and running of J’s Diner, a cafe that opened in April 2018. Her work included opening the cafe, taking orders, cooking food, waiting on customers, cleaning, taking deliveries and bringing stock into the cafe.

Hastings Direct, on behalf of Advantage Insurance and supported by law firm Horwich Farrelly (HF), launched a subsequent fundamental dishonesty claim against Poole and, in June 2022, she admitted being guilty of this. As a result, she agreed to repay an interim claim payment of £5,000 plus interest, as well as pay Advantage Insurance’s costs of £73,422.

Peter Lane, head of large and complex loss at Hastings Direct, said: “Hastings Direct is committed to investigating, identifying and challenging fraudulent claims to help keep insurance costs affordable for our honest customers.

”We hope the outcome of this case sends a clear message that fraud will not be tolerated against Hastings Direct.”

Sentencing

Poole’s conduct additionally led HF and Hastings Direct to pursue an application for contempt of court – HHJ Tindal ruled that she had to serve an immediate two-month custodial sentence in consequence of this.

Poole had previously denied being present at J’s Diner on any days other than the ones highlighted in Hasting Direct’s investigation, despite the overwhelming evidence suggesting the contrary. 

Following a four-day hearing, HHJ Tindal said: ”I found [Poole] a thoroughly unreliable witness and, indeed, I am driven to find she was not being honest with me about her working in the diner. Even in evidence, she tried to minimise and explain away what the footage plainly showed.”

Alex Wilkinson, partner at HF and head of the firm’s large loss fraud and technical fraud teams, added: “This outcome is a salutary reminder for claimants who may be tempted to dishonestly exaggerate their claims.

“Not only could they lose any genuine damages they would be entitled to but, if their dishonesty is as egregious as Poole’s, their liberty is at stake. Poole compounded her own dishonest actions by not admitting to them during the committal action, which played a significant role in ensuring her sentence.”