A hit and run claim against MIBI has been resolved during the first day of a hearing after a division of liability was agreed during the lunch break.
Twenty-five year old Anthony Driver was on his way to meet a friend for a lift to his home in Enniskerry, County Wicklow, when – on 2nd November 2012 – he was hit by a car that temporarily stopped, but then drove off again.
Anthony was found by a Garda lying in the road at the junction of Sidmonton Avenue and Meath Road in Bray. An ambulance was summoned, and Anthony was taken to hospital suffering from a fractured spine, a lacerated liver, fractured ribs, and various internal injuries.
Anthony spent four days in intensive care and a further five days recovering from his injuries on a general ward. Two and a half years after his discharge he experiences difficulty eating and he still suffers with pains in his back.
As the driver of the car that hit Anthony could not be identified, Anthony made a hit and run claim against MIBI – the Motor Insurers´ Bureau of Ireland that is responsible for paying injury compensation when the driver of a vehicle cannot be traced or is found to be uninsured.
MIBI contested liability for Anthony´s claim – arguing that the Garda who found him had described his condition as “grossly intoxicated”. MIBI said that on the balance of probabilities Anthony was likely partially responsible for his injuries due to his own lack of care.
As liability for Anthony´s hit and run claim against MIBI was contested, the Injuries Board issued an authorisation for Anthony to take his claim to court. The case was heard last week before Mr Justice Nicholas Kearns.
When the hearing started, MIBI repeated its claim that, because of his condition, Anthony should accept some level of responsibility for his injuries. Under cross-examination, Anthony admitted to Judge Kearns that he was intoxicated at the time of the accident.
Talk of a negotiated settlement of Anthony´s hit and run claim against MIBI started as the court was adjourned for the lunch break. On his return, Judge Kearns was informed that Anthony had agreed to an undisclosed settlement of his claim after accepting 75% contributory negligence and that the case could be struck.