NSW Car Accident Personal Injury Misrepresentation for Claim?

[Loula]

If someone misrepresented a personal injury from a car accident to be much worse than it was, and accepted a large payout after 3 years in court, will that be overturned many years later if it is proved by someone else it was misrepresented?

Will the car insurance company who paid out for the person that drove negligently want to know and can they reclaim some of the compensation money?

 

[Sophea]

Hi Loula,

Yes, civil fraud (as opposed to criminal fraud) can be actioned by the tort of deceit. This simply requires that the person who has suffered loss as a result of the deceit shows that there has been some fraudulent representation by another person. They may then sue for any loss that resulted from the fraud.