Thursday, 31 March 2011

Football player who claimed £1.3m for car accident injuries jailed after he was caught playing for club

An amateur footballer has been imprisoned for a year after trying to scam a £1.35 million insurance pay-out for injuries received in a car crash, despite being fit enough to turn out for his club.
James Shikell, 31, was a passenger in a car accident in 2002 and three years later was awarded the personal injury claim by the Motor Insurers' Bureau.
Shikell, a midfielder who has played nine games for Doncaster side Edlington Rangers this season, claimed in December 2005 he suffered memory loss, severe fatigue, poor co-ordination and an aching neck and ankles. 
And as part of his claim he received £30,000 - and out of the total claim, that is all he received.

In a witness statement Shikell had said: ' I am deeply saddened that as a result of the injuries I sustained in the accident I am no longer able to play football.
'I still love football and not to be able to play as I did before is very depressing for me.' 
He was found out in 2008 when investigators filmed him playing a 90-minute game and discovered he had played every match that season.
As a result Shikell, from Balby Doncaster was jailed for 12 months for contempt of court.
In addition his father, Robert Shikell, received a year's imprisonment for supporting his son's claim. And a third man, Simon Fennell, was fined for providing a false statement in the personal injury claim.

Judge Penelope Belcher, presiding at Leeds Combined Court, found Shikell guilty of 14 of the 16 counts against him. 
She said she was satisfied beyond all reasonable doubt that the only explanation for him telling the lie was to increase the likely award of damages in the personal injury claim.
She said: 'I recognise that it was down to this young man's grit and determination, together with the love and support of his family, that he made such a good recovery from his injuries and their effects upon him and that he is now largely able to lead a normal existence. That is very much to his credit.'   

But she added that did not alter the fact that he was willing to lie for the purposes of the legal proceedings.   
She said: 'It is James Shikell's case that his intention when he lied about his football activities was not deliberately to seek to increase the award of damages and he denies being motivated by greed.'  
Elaine Chapman, a partner at law firm Weightmans who advised the Motor Insurers' Bureau in the defence of the personal injury claim and in bringing the contempt of court claim, said aftgerwards: 'This landmark judgment sends a clear and resounding message that high value cases are no longer the no lose gamble for individuals making fraudulent claims. 
'The custodial sentences imposed reflect the zero tolerance approach of the judiciary towards insurance fraud.'  
Motor Insurance Bureau chief executive Ashton West added: 'This custodial sentence will be a deterrent to those who seek to defraud MIB and therefore every insured driver in Britain.' 

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