Preston woman in car crash insurance claim 'con'

11:22am Friday 25th July 2008

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A Preston woman who insurers claim "deliberately exaggerated" the injuries she suffered in a road crash in a bid to scoop £800,000 in damages is facing a unique High Court bid to put her behind bars.

Joanne Kirk, 45, of Royalty Lane, New Longton, was involved in a "rear shunt" accident in September 2001, on the A6 at Bamber Bridge when fellow motorist, Carol Walton, collided with the back of her car.

Mrs Kirk, a university administrator, said she had been left "significantly disabled" by the accident and sued Mrs Walton, seeking total compensation of more than £800,000.

She claimed that, as a result of the accident, she developed fibromyalgia, a condition which causes chronic pain in muscles and ligaments.

She told a court she needed elbow crutches and sometimes a wheelchair to get around, could only walk ten steps without the assistance of another person and was bed ridden by her condition on bad days.

Mrs Walton's insurers did not dispute liability for the accident but in the end Mrs Kirk agreed to settle the claim at Stockport County Court for £25,000 on June 26 last year.

But following this, having re-examined video surveillance footage gathered by private investigators, Mrs Walton's insurers applied to the High Court in London for permission to bring proceedings for contempt, claiming Mrs Kirk had lied about the extent of her disabilities.

Now, in what is believed to be the first case of its kind, Mrs Justice Cox granted the application, with the result that the insurers can now press ahead with their bid to have Mrs Kirk committed to prison for contempt of court.

The court heard a doctor, instructed by the insurers, claimed the DVD footage shows a supposedly disabled Mrs Kirk, "walking driving and shopping and does not suggest there is any significant musculoskeletal pain causing significant disability."

Mrs Kirk's barrister Nicholas Braslavski argued it was unfair for her to face committal proceedings on the basis of surveillance footage which was not produced until a late stage, giving Mrs Kirk no chance to prepare a defence against the allegations.

But Mrs Justice Cox granted the application to bring the committal proceedings.

Mrs Kirk will now face a further court hearing at which she will have a full opportunity to defend herself against the insurers' accusations. No date has been set.