Successful use of ANPR technology to defend fraudulent claims and limit credit hire exposure

Published 1 April 2021

It’s been almost a year since we launched our ANPR strategy. 12 months on, how successful has this strategy been?

Given the number of insurers now utilising ANPR evidence, we have been able to collate meaningful data as to the average make-up of claims and performance of this strategy.

What does our data tell us?

Given the above, there can be no doubt that deploying an effective ANPR strategy will lead to significant case savings and send a strong message to Claimants.

Whilst the use of ANPR evidence in the fraud arena is highly effective, credit hire practitioners should not overlook utilising this evidence to reduce credit hire claims. ANPR evidence may assist you in reducing hire periods as well as supporting a loss of profit defence when presented with taxi claims. 

What does an effective ANPR strategy look like?

Pre litigation the key to success is undertaking a scoping exercise and establishing a triage process so that claims are allocated into the correct claims team for further investigation and analysis.

Once this has been established, investigations should be centred around creating a storyboard or chronology to paint a picture of the vehicles whereabouts and answer the fundamental question of who was in possession of the vehicle?

Where there is a claim for PI (this will be the case in approximately 40% of claims) if you can establish that the Claimant has been dishonest then it opens the door to raising section 57 arguments and then the possibility of securing an enforceable costs order by setting aside Qualified One-Way Costs Shifting.

Strategy in practice: What results can you achieve?

Mustata v Insurance Company A

A fraud pleading was made in respect of a suspected phantom and induced claim.

Following directions, the parties exchanged evidence which included all intelligence obtained in relation to the Claimant and his alleged passenger.  A fundamental piece of this evidence package was the ANPR evidence which established that the Claimant had numerous other vehicles available to him.

The Claimant made a drop hands offer to discontinue with the Defendant’s wasted costs being paid by the Claimant’s after the event insurers. This offer was accepted and the Court have recently endorsed the proposed consent order.  Savings in excess of £150,000 were achieved in addition to a recovery of costs.

DACB lawyer: Ann Crane 

Ali v Southern Rock Insurance Company Limited

A claim was presented for credit hire only in excess of £7,500. There were concerns over the hire claim presented in light of an ANPR Report obtained which confirmed that the Claimant’s vehicle had been matched on 31 separate dates during the hire period which was only 44 days.

In addition to the aforementioned ANPR strategy, Part 18s and a DPA response relating to a previous RTA led to a full discontinuance.

DACB lawyer: Jabir Dar

“We are delighted with the collaborative result on this case, it shows the strength ANPR evidence can play in challenging spurious credit hire claims”   

Nicky Douglas Head of Fraud – Claims Somerset Bridge Ltd

Kuriakose v Insurance Company A

ANPR evidence was adduced to demonstrate that on a number of occasions the Claimant’s taxi was seen visiting supermarkets carrying what appeared to be different front seat passengers.

It was submitted that the vehicle had continued to be used by the Claimant as a taxi during the alleged hire period and that he had not hired a replacement vehicle.

The case was successfully defended.

DACB lawyer: Joanne Felstead

Bahmani v Insurance Company A

This case was included in our previous alert (insert link here) but is worthy of inclusion for a second time as there is now an application listing to secure costs against the third party which has been listed for September 2021. 

DACB lawyer: Shirley Usher

How can we help you?

If you are interested in utilising ANPR evidence, we can work with you to:

• Establish a scoping and effective triaging process.
• Create a tailored ANPR strategy for your credit hire and fraud teams.
• Host training and/or workshops to up skill your claims teams.
• Hold regular clinics to ‘check in’ on progress and address any challenges.
• Feedback on successes as well as any lessons learnt.

For further information please contact Helen Mason on the details below.