A MANUAL worker who was seeking £50k compensation after claiming injuries stopped him from working has been caught out after energetic videos emerged of him ‘surfing’ down stairs.
Christopher Clinton, a 29-year-old asbestos remover from Thornaby, had been seeking over £50,000 in compensation following a car accident.
He claimed his injuries stopped him from working and caused him severe pain.
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But an investigation by a law firm and insurance company revealed social media posts and videos showing him rock climbing, skiing, swimming and using a board to surf down a staircase after the accident.
Deputy District Judge Crammond, sitting at Middlesbrough County Court on January 21, fined Mr Clinton £5,000.
His claim arose from a car accident in 2016 on the A66 at Middlesbrough.
At the time of the accident, he reported injuries to his lumbar spine, hips and his right shoulder.
According to Mr Clinton, he was unfit to work because his job entailed a lot of climbing, crouching and heavy lifting.
In 2017, Mr Clinton made a claim for loss of earnings on the grounds of his inability to work as well as ongoing pain.
AXA UK, the insurance company of the other party in the original car accident, reserved up to £50,000 for the claim and a further £40,000 for Mr Clinton’s legal costs.
However, because of Mr Clinton’s relatively young age and the uncomplicated nature of the car accident, AXA UK investigated the claim.
Investigators found that Mr Clinton’s social media painted a very different picture of his health.
Damian Rourke, a partner with Clyde & Co, said: “Mr Clinton’s posts showed a very active individual, carrying out extreme and demanding physical activities shortly after the accident.
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"These included activities like rock climbing and skiing that simply couldn’t be carried out or even contemplated by someone with the reported ongoing physical problems.”
Once Mr Clinton was confronted with the evidence from his social media, he discontinued his claim in October 2021.
However, law firm Clyde & Co on behalf of insurer AXA UK, pursued a claim of fundamental dishonesty against Mr Clinton under Section 57 of the Criminal Justice and Courts Act 2015.
Damian Rourke said: “Insurance companies and the courts will not tolerate any attempts to exaggerate injuries in order to get money.
"Mr Clinton certainly didn’t help himself by filling his social media with videos of sports and activities, none of which could have been done if his claims were true.
"Also, at a time when the pandemic has created a log jam throughout the legal system, his action was a complete waste of the court’s time and delayed other more worthy cases.”
Tom Wilson, Head of Counter Fraud Operations at AXA UK, said: “The decision against Mr Clinton should serve as a warning to anyone who is considering making a fraudulent claim.
"This was a clear attempt by Mr Clinton to take full advantage of an incident through exaggerating his insurance claim.
"The visual evidence found on Mr Clinton’s social media after the event highlighted the extent of the deception.
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“Fraudulent claims result in higher insurance premiums for honest customers as insurers are faced with increased costs.
"This is why AXA investigates suspicious claims so that we can better protect our customers. The verdict sends a clear message that AXA UK will not tolerate such attempts at exaggeration and will ask the courts to punish those that do.”
Section 57 of the Criminal Justice and Courts Act 2015 allows the courts to strike out a personal injury claim if the claimant is found to be fundamentally dishonest and the dishonesty goes to the heart of the claim.
The defendant may also have to pay costs.
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