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Accident
Reconstruction Network > Research >Insurance Fraud > News Articles
Accident reconstruction research
ICBC
UNCOVERS VICTORIA-BASED ALLEGED STAGED ACCIDENT RING
12 Area Residents Face
Civil Action to Recover Settlements, Costs
VANCOUVER, March 12 /CNW/
- Twelve Victoria residents face civil action initiated by ICBC
in the wake of allegations that they conspired to stage five accidents
between 1993 and 1996 with the intent to collect payments for injuries
and damages to their vehicles.
The civil suit, filed at
the Victoria court registry this morning, alleges the men and women
were, at various times, involved in minor accidents some of which
were staged on quiet streets after dark when it was unlikely that
any independent witnesses would see the incidents. The proceedings
against all 12 are ``joint and several'', which means each individual
is potentially responsible for the total damages that a judge may
deem appropriate.
Nearly $204,000 was paid
out or reserved in claims settlements, mostly in relation to ``non-objective''
injury claims - injuries such as whiplash which are difficult to
objectively measure by medical practitioners. Additional costs associated
with adjusting, investigating and taking legal action in the case
could be $250,000.
ICBC is seeking repayment
of the claims settlements, recovery of the cost of investigation
and the administration of these allegedly fraudulent claims. As
well, ICBC is seeking punitive damages and special costs.
``We will do everything
in our power to ensure that honest claimants do not have to bear
the burden of costs associated with fraud,'' says Neil Weatherston,
ICBC Senior Vice-President of Claims Operations. ``By taking civil
action in this and other cases, we are shutting down what we allege
are operations designed solely to defraud ICBC and all other B.C.
motorists.''
Weatherston credits the
work of an observant adjuster in the Victoria Royal Oak Claims Centre
who noticed a number of similarities in the circumstances surrounding
claims filed by a small group of people. She subsequently worked
with Bodily Injury Specialist Fraud Unit (BISFU) investigator Jim
Kwan who was able to help piece together the evidence to take civil
action.
``Our investigation has
revealed a series of connections between these people that strongly
suggests the accidents were staged,'' says Kwan.
Weatherston notes that
filing a writ in civil court not only shuts down the alleged staged
accident operation but it also serves as a warning to others who
might try to defraud ICBC and its policyholders. Criminal charges,
while still a possibility, have not been laid against the individuals
at this time.
``We're convinced that
taking strong action against fraud is `the right thing to do',''
he adds. ``Not only does it help control insurance costs, but it
also helps us provide better and more efficient service for the
vast majority of legitimate claims that we handle.''
ICBC has several ongoing
initiatives designed to prevent fraud and punish those who commit
fraud - whether as individuals or part of a group. Last year, ICBC
anti-fraud activities saved nearly $31 million from being paid out.
The Canadian Coalition
Against Insurance Fraud estimates insurance fraud costs Canadians
up to $2.3 billion each year. The coalition adds its public opinion
polling indicates that the public agree that strong action should
be taken against those who commit fraud and increase costs for honest
policyholders.
The provincial government
last year passed tough new legislation to increase penalties (fines
up to $25,000, two years jail) against those found guilty in criminal
court of defrauding ICBC. The July 31, 1997 law is part of the government's
effort to keep auto insurance rates affordable through strong road
safety and anti-crime measures.
People with information
about auto insurance fraud can call ICBC's tips line at 1-800-661-6844
(toll-free) or 661-6844 in the Lower Mainland.
Backgrounder
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The individuals named
in the suit filed today are: Robert John Galbraith, Wing Chun
(Raymond) Wong, Wing Cheong (Steven) Wong, Bang Tu Lam, Ming Juen
(Annie) Chang, Hue Trang Hua, Tinh Hon Truong, Tuyet Tran, Van
Hiep (Kim) Tran, Gee Kong (Jimmy) Lam, Tat Yuen (Jerry) Ng, Mei
Sim (Sandy) Ng, all of Victoria.
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The cost impact of insurance
fraud on ICBC policyholders alone was estimated at up to $150
per Autoplan policy. ICBC anti-fraud work is helping reduce this
figure.
-
The Insurance Bureau
of Canada's Coalition Against Insurance Fraud estimates insurance
fraud costs Canadians up to $2.3 billion every year and that between
10 and 15 per cent of all types of insurance claims are either
exaggerated or fraudulent.
-
ICBC was one of the first
Canadian insurers to establish a Special Investigation Unit to
combat insurance fraud. Since 1975, SIU investigators have worked
with ICBC adjusters who are trained to watch for signs of potential
fraud.
-
The work of SIU investigators
and adjusters helped save ICBC and its customers an estimated
$31 million in 1997 that otherwise could have been paid out in
connection with fraudulent claims.
-
SIU investigators work
with police and other agencies when appropriate. Evidence gathered
through investigations can result in criminal charges, civil actions
or both. In other situations, a claim can be denied or, when confronted
with evidence of potential fraud, a claimant may abandon the claim.
-
ICBC uncovered a staged
accident ring in the Lower Mainland last year. A favourable court
ruling in a civil suit filed against more than 50 people enables
ICBC to seize assets to recover costs of funds fraudulently obtained
as well as costs of the investigation.
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Since it was introduced
in October 1992, more than 16,000 people have called ICBC's anonymous
telephone tip line (661-6844/1-800-661-6844) to report suspicious
claims and other instances of potential fraud.
For further information: Brian Geary or Sam Corea or Wayne Ferguson at (604) 443-4650 (813-5166
cell) or (604) 661-1289 or (604) 661-6993 or Toll-Free 1-800-720-NEWS
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