A 46-year-old man has been jailed for almost three years for making a false claim against the Motor Insurers' Bureau of Ireland (MIBI).
Constantin Iosca, with an address at Scholars Walk, Lusk in Co Dublin, claimed he suffered serious injuries after being hit by a car while cycling in 2016.
However, he withdrew his High Court personal injuries claim on the third day after footage was shown of him carrying a wheelchair and walking without assistance.
The court heard Iosca has 19 previous convictions for road traffic matters in the district court.
Judge Patricia Ryan said the maximum sentence for the offence was five years in prison. She said aggravating factors included the fact that Iosca took the personal injuries claim in the highest possible court and that he has previous convictions.
In mitigation, she said she took into account Iosca’s medical difficulties and the fact that he had not reoffended in some time.
She sentenced him to three-and-a-half years in prison but suspended the final nine months, meaning he will serve two years and nine months.
Knocked down while cycling
The sentencing hearing heard that Iosca claimed in July 2016 that he had suffered serious injuries to his back, arm and leg after being knocked down by a car while cycling in Lusk the previous month.
Insurance company FBD hired G4S security to carry out surveillance on Iosca. He was filmed walking without assistance, carrying a wheelchair and putting it into the boot of a car before later using the wheelchair and crutches to attend a medical appointment.
He took a High Court case in January 2020, but withdrew the case after three days when the footage was shown.
Sergeant Aisling McLaren from the Garda National Economic Crime Bureau told the court she was appointed in March 2020 to investigate a claim of insurance fraud.
Iosca responded "no comment" when questioned as part of the investigation. He pleaded not guilty but was convicted of deception by a jury at Dublin Circuit Criminal Court in November last year.
Iosca was born in Romania and came to Ireland in 1997 when he was 18 years old, but his defence counsel said he had never worked because he had no experience of work.
Barrister Kieran Kelly told the court that Iosca stayed at home with his family and liked to go shopping with them.
He also submitted letters from his partner of 30 years describing him as a caring and understanding individual and said he has a range of health issues, including asthma, diabetes, high blood pressure and was on a waiting list for physiotherapy.
Watch: 'Don't try and take a fraudulent claim', warns MIBI
Fraudulent claims taken 'very seriously'
Afterwards, Chief Executive of the MIBI David Fitzgerald said it was important to deter people who might be thinking of taking a fraudulent claim.
He said the MIBI took fraudulent claims very seriously and he said it was important to deter people who might be thinking of taking such a case.
He pointed out that the MIBI was fully funded by the insurance industry so it was public money via a levy on all policy holders which was compensating the victims of uninsured driving accidents.
He said if suspicious claims were made, it was important they were investigated and fought and that there were consequences for people who effectively steal money from the public.
Mr Fitzgerald said his message for those thinking of making a fraudulent claim was not to try it. He said the MIBI would put the resources into finding people out and would pursue those who make such claims through the courts, civilly and criminally.
He said honest policy holders were paying for claims like this so it was important to fight them.
Mr Fitzgerald said the MIBI had spent €40,000 investigating and fighting the civil claim made by Iosca and had put a lot of management and time into supporting the prosecution.
He said it was gratifying to see that pay off.
