How can I get my cash?

I was knocked off when filtering on my BMW R 1250 in September 2022. My claim had been going well with my solicitor until we reached a point where he said he could not advise me in relation to some help I received. Before the accident, I did all the DIY but I could not do the house painting so I paid someone cash to do it. The insurer on the other side has asked for invoices for the painter but because it was cash I don’t have any. Can I recreate some invoices and send them to my solicitor?

Jamie Molloy, by e-mail

Answer

You should not produce your own invoices as you run the risk of a “fundamental dishonesty” allegation.

Over the last few years, there has been a big increase in Defendants asking the court to throw out Claimants’ cases for the reason of fundamental dishonesty. Courts are taking a hard line against exaggerated and dishonest claims. Even if one part of the claim is exaggerated but the rest of the claim is perfectly legitimate the whole claim can still be thrown out unless the result would cause “substantial injustice”. Claimants found to be dishonest would also have to pay some or all of the Defendant’s legal costs and potentially return any interim payments, in addition to running the risk of imprisonment.

I suggest you ask the painter to prepare the invoices but he may not be willing to for tax reasons.