Road traffic accidents can happen in an instant. Even at relatively low speeds, collisions can be unsettling and may result in genuine injuries, vehicle damage, and financial loss. However, low velocity impact (LVI) claims continue to attract significant scrutiny from insurers, solicitors, and the courts due to concerns about fraudulent or exaggerated injury claims.
For individuals considering pursuing a claim following a minor collision, understanding the legal implications of providing inaccurate or misleading information is essential.
What Is a Low Velocity Impact Claim?
A low velocity impact claim typically arises from a road traffic accident where the force of impact is relatively minor. Common examples include slow-moving rear-end collisions in traffic, supermarket car park accidents, or incidents where vehicle damage appears limited.
While it is important to recognise that serious injuries can sometimes occur even in low-speed accidents, insurers will often investigate these claims closely where there is a perceived mismatch between the alleged injuries and the evidence surrounding the collision.
Such investigations may include examination of vehicle damage, engineering reports, medical evidence, witness statements, CCTV footage, dashcam recordings, and information obtained from previous claims histories.
Genuine Injuries Can Still Occur
One of the most common misconceptions surrounding LVI claims is that a low-speed collision cannot result in injury.
That is simply not the case.
Every individual reacts differently to trauma, and factors such as age, pre-existing medical conditions, seating position, and the angle of impact can all influence the extent of any injury suffered. Whiplash injuries, soft tissue damage, and psychological symptoms can arise even where vehicle damage appears relatively minor.
For this reason, each case must be assessed on its own facts and evidence.
The Growing Focus on Fraudulent Claims
The insurance industry continues to invest heavily in detecting fraudulent personal injury claims. Advances in technology, vehicle telematics, surveillance techniques, data-sharing arrangements, and forensic accident reconstruction have made it increasingly difficult for dishonest claims to succeed.
Where concerns arise, insurers may challenge the legitimacy of a claim and seek extensive disclosure of medical records, employment information, social media activity, and other relevant documentation.
In certain circumstances, they may also allege that a claim is fundamentally dishonest.
What Is Fundamental Dishonesty?
Under the Criminal Justice and Courts Act 2015, a court has the power to dismiss an otherwise genuine personal injury claim if it finds that the claimant has been fundamentally dishonest in relation to the claim or a related claim.
This can apply where an individual deliberately exaggerates the severity of injuries, misrepresents their recovery, inflates financial losses, or fabricates aspects of an accident.
The consequences can be severe.
Not only may a claimant lose their entitlement to compensation, but they may also be ordered to pay the defendant’s legal costs. In some cases, insurers may pursue recovery of funds already paid, and the individual may find it more difficult to obtain insurance in the future.
Could False Claims Lead to Criminal Proceedings?
In more serious cases, yes.
Deliberately making a false insurance claim can amount to fraud. Depending on the circumstances, insurers may refer matters to specialist fraud investigators or law enforcement agencies.
Where evidence demonstrates a deliberate attempt to deceive, criminal proceedings may follow. Convictions for fraud can result in substantial financial penalties, criminal records, and, in the most serious cases, imprisonment.
This is why honesty and transparency throughout the claims process are crucial.
Protecting Your Position After an Accident
If you have been involved in a road traffic accident, there are several practical steps you can take to protect your legal position:
- Report the accident promptly.
- Take photographs of the vehicles and scene.
- Gather witness details where possible.
- Seek appropriate medical attention.
- Keep records of expenses and losses.
- Be honest and consistent when providing information to insurers and legal representatives.
Accurate evidence from the outset will help your solicitor assess the strength of your claim and provide clear advice on your options.
How Spire Solicitors Can Help
Whether you are pursuing a genuine personal injury claim or defending allegations arising from a disputed accident, obtaining specialist legal advice at an early stage can make a significant difference.
At Spire Solicitors, our Litigation team provides practical, straightforward advice to individuals and businesses involved in contentious disputes. We can assist with personal injury litigation, insurance disputes, allegations of fraud, evidential challenges, and court proceedings.
Every case is unique, and our experienced lawyers will work with you to understand the circumstances, protect your interests, and help achieve the best possible outcome.
If you would like advice regarding a disputed road traffic claim or concerns relating to a low velocity impact allegation, please contact Spire Solicitors’ Litigation team today.
