Taking me to the cleaners
Question
I was taken out whilst filtering on my Tiger in September 2016. My claim has gone very smoothly with my solicitors until we have reached a point where they cannot commit to advise me in relation to some help I received. Before the accident I did all the house work as my partner has bad arthritis. I could not do the cleaning for a year so I paid a cleaner cash in hand. The insurer on the other side has asked for invoices for the cleaner but because it is cash I don’t have any. Can I prepare some invoices? Many thanks in advance.
Garry Thornton, by e-mail.
Answer
You need to be very careful. In recent months there have been many examples of cases where Defendant solicitors have applied to have Claimants’ cases thrown out for fundamental dishonesty and the courts appear to be taking a very hard line against exaggerated and dishonest claims. Even if one element of the claim is exaggerated but the rest of the claim is perfectly legitimate the whole claim can be thrown out and indeed the court rules say it should unless the result would cause “substantial injustice”. In addition Claimants found to be dishonest would have to pay the Defendant’s costs and potentially return any interim compensation payments, in addition to running the risk of imprisonment.
You should definitely not produce your own invoices. Either ask the cleaner to prepare them (he/she may not be willing to for tax reasons) and make sure they are 100% accurate or you and your wife should provide witness evidence to confirm the position. Any losses claimed for must be 100% accurate and true.
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