Illinois Attorneys Obtain Favorable Result in Alleged Fraud Case

Chicago Partner Phillip G. Litchfield and Attorney Kristopher G. Fernandez recently prevailed at an arbitration hearing in the Circuit Court of Cook County on behalf of our not-for-profit organization and its driver employee clients in a case involving claims of fraud following a motor vehicle collision.

In 2021, Plaintiff was driving their vehicle on a local road with their child in the back seat, and came to a sudden stop while making a left turn. Our driver client was traveling behind Plaintiff and struck their vehicle. Immediately following the collision, Plaintiff told our client that they and their child were not injured, and there was no need to call the police or make an accident report. Plaintiff then went home, picked up three friends who were not in the vehicle at the time of the collision, and drove to a nearby hospital emergency room where all five individuals claimed to have sustained neck and back injuries during the collision. Subsequently, Plaintiffs filed suit against our clients and claimed $175,000 in medical expenses, and requested a total of $673,000. The two plaintiffs in the vehicle at the time of the collision incurred approximately $70,000 in medical bills.

At the arbitration hearing, our attorneys, Phil Litchfield and Kris Fernandez, presented evidence of fraud. Our Defense contended that the collision at issue was a staged motor vehicle accident as three of the five individuals that filed suit against our client were not in the vehicle at the time of the collision. Phil Litchfield and Kris Fernandez also proved that two of the individuals have a history of prior claims and lawsuits based on staged motor vehicle accidents. Additionally, our Defense showed that that Plaintiffs’ treating chiropractors and pain management doctors had previously treated two of the individuals for identical injuries they claimed as a result of prior rear-end motor vehicle collisions.

In August 2024, the arbitrator awarded all five Plaintiffs a combined total of $34,000, $639,000 less than the requested amount and less than 20 percent of Plaintiffs’ claimed medical bills.

Phil Litchfield has experience handling matters involving motor vehicle accidents, defective products, construction defects and other casualties. He defends clients in actions alleging injuries or property damage, as well as personal injury, wrongful death, construction negligence and toxic tort claims.

Kris Fernandez concentrates his practice on commercial litigation. He has experience handling cases involving insurance coverage, products liability and sports litigation.