Judge warns potential fraudsters of investigation unit
Anyone thinking of chancing their arm by taking potentially fraudulent claims relating to traffic accidents have been warned by a judge of An Garda Síochána’s intention to set up a special squad to investigate such frauds.
The warning was issued by Judge Jacqueline Linnane in the Circuit Civil Court after she threw out three claims for a total of €180,000 damages for personal injuries allegedly suffered by three men in a rear-ending incident on July 6, 2016.
Judge Linnane told Conor Kearney, counsel for motorist Aisling Kelly, The Ward, Co Dublin, and Aviva Insurance, that the court had not been convinced that Piotr Czaderski, Eugeniusz Perkowski, and Maciej Kostka had suffered any injury in the low-impact collision on Crumlin Rd, Dublin.
The judge said that while there was low-impact contact between Ms Kelly’s car and the Volkswagen Passat of Mr Czaderski, she believed he and his colleagues, Mr Perkowski and Mr Kostka, together had pre-planned the taking out of court proceedings against Ms Kelly.
Judge Linnane, referring to the proposed new fraud squad, said the court claims had been orchestrated by Mr Czaderski.
The court heard that Mr Czaderski, 38, of The Moyle, Prospect Hill, Finglas Rd, Dublin; Mr Perkowski, 67, Addison Rd, Dublin 3, and Mr Kostka, 25, The Plaza, Coultry Rd, Ballymun, Dublin, were fellow workers in a waste collection company.
Mr Kearney, who appeared with BLM Solicitors, said the three men, and a fourth who had not gone through with a claim, all worked for Panda Waste and all had gone to work directly after the accident.
He put it to each of them that they had afterwards got together and decided to bring claims. According to medical reports, all of them had reported pain in their upper back and neck.
Counsel said Ms Kelly’s 78-year-old mother had been in her daughter’s car at the time and had not been injured. He told Judge Linnane he was prepared to call her to give evidence but the judge said it would not be necessary.
Following the dismissal of all three €60,000 claims, Rob Smyth, Head of Fraud, at Aviva said: “Aviva welcomes the decision of Judge Linnane. As part of our zero-tolerance strategy to fraud, we intend to take all necessary steps to recover all our costs and will also make a formal criminal complaint to the gardaí.”
He said that although it was possible that appeals may be lodged, he wished to reassure Aviva customers that the company would not change its strategy in defending such claims.
“In fraud cases the claimants, who are interested only in financial gain, should face the consequences of their actions,” he said.
“We are committed to taking all steps to recover our costs and, as suggested by Judge Linnane, we will be making a formal complaint to the gardaí about these claims.”
