Tag: car crash compensation claim against mibi

Girl´s Claim for the Loss of Sight in a Car Crash Resolved at Court

A teenage girl´s claim for the loss of sight in a car crash has been resolved at the High Court with the approval of a €1.3 million settlement.

On 26th November 2005, Beth Cullen lost the sight in her left eye as a result of being injured in a car crash on the “Nine Bends” stretch of the N11 near Ballinameesda. In addition to suffering an eye injury, Beth – from Kilmacanogue in County Wicklow – lost her hearing in her left ear and her sense of smell.

On behalf of his daughter, William Cullen made a compensation claim for the loss of sight in a car crash against Beth´s mother – Caroline Barrett – who had been driving Beth and who was considered responsible for causing the crash through a lack of care and attention.

The claim alleged that Beth´s mother had failed to steer, stop, swerve or manage the car prior to the crash. It was also claimed that, through her lack of care and attention, Barrett had demonstrated a lack of adequate regard for the safety of her daughter.

Liability was conceded by Barrett´s insurers, and a €1.3 million settlement was agreed. As the claim for the loss of sight in a car crash had been made on behalf of a child, the settlement had to be approved by a judge to ensure it was in Beth´s best interests.

The approval hearing at the High Court took place recently before Mr Justice Kevin Cross. Judge Cross was told the circumstances of the accident and the injuries that Beth – who was six years old at the time – had sustained.

After hearing that Beth was doing well at school despite her difficulties, Judge Cross approved the settlement and wished Beth well for the future. The settlement will now be paid into an interest-bearing account and managed by the High Court until Beth turns eighteen years of age in 2017.

Plaintiffs Awarded Compensation for being Rear-Ended by a Van

Four plaintiffs have been awarded compensation for being rear-ended by a van despite the defendants questioning the circumstances of the accident.

On 18th October 2011, Mary O´Reilly from Charleville in County Cork was driving her husband´s SUV to Rathkeale. Travelling as passengers in the SUV were Lisa O´Reilly, Caitriona McDonagh and Breda McCarthy.

As the vehicle was approaching Rathkeale, Mary slowed on the approach to a roundabout. Just then she was rear-ended by a hire van driven by Jeremiah O´Brien. Mary and her three passengers all suffered injuries in the accident – but none were injured seriously enough to require immediate medical attention.

Mary later started to experience pains in her back and up her arms and neck. She attended Mallow Hospital, where she received treatment to relieve the pain and help her sleep at night. Lisa, Catriona and Breda all developed similar back pain symptoms within a short period of time.

All four women in the SUV claimed compensation for being rear-ended in a van from O´Brien, from Enterprise Rent a Car and from the Motors Insurers Bureau of Ireland (MIBI). Mary´s husband – William – also claimed compensation for the material damage to his vehicle.

The car rental company and MIBI contested the validity of the claim. They argued that the circumstances of the accident were questionable and that two of the plaintiffs had received personal injury awards for similar accidents in the past. They also alleged that William O´Reilly and Jeremiah O´Brien were known to each other.

The claim for compensation for being rear-ended by a van went to the Circuit Court in Limerick, where it was heard by Judge Karen Fergus. Counsel for the defendants argued that the circumstances of the accident did not stand up to scrutiny, and Garda William McElligott gave evidence that, when he got to the scene of the accident, he did not note any damage to either vehicle.

However, after hearing evidence from four of the five plaintiffs – Lisa O´Reilly had settled her claim out of court – the judge found in their favour. She awarded Mary O´Reilly €7,500 compensation for being rear-ended by a van, Caitriona McDonagh €10,000 and Breda McCarthy €12,000. William O´Reilly was also awarded €4,800 for the material damage to his vehicle.

Hit and Run Claim against MIBI Resolved during Lunch Break

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.

Woman´s Claim for Injuries Sustained in Hit and Run Accident Resolved at Hearing

A woman´s claim for injuries sustained in a hit and run accident has been resolved after a hearing at the High Court when a €1.2 million compensation settlement was approved by a judge.

Laura Byrne (26) from New Ross, County Wexford, was talking with friends on John Street in New Ross when, on June 20th 2009, she was hit by a car driven by Polish national Karol Chrzan. Chrzan drove off after the accident, and was later arrested by the Garda when admitted to panicking due to being over the alcohol limit for driving.

The Garda also discovered that Chrzan had been driving his partner´s car, for which he was not insured, and charged him with causing serious injury by dangerous driving. He was sentenced to three years in prison and banned from driving for six years.

Laura had been taken to Waterford Regional Hospital after the accident suffering from head injuries after hitting her head on the windscreen of the care. When it became apparent that she had suffered internal brain injuries, she was transferred to Cork Hospital for specialist treatment.

As a result of the permanent brain injuries she sustained in the accident, Laura had to abandon the veterinary course she was studying. She suffered attacks of double vision and problems with her balance, and – five years after the accident –  Laura´s left arm is still weaker than her right.

Laura made a claim for injuries sustained in a hit and run accident against the Motor Insurers Bureau of Ireland (MIBI) – the organisation responsible for settling claims against uninsured drivers – and a settlement of €1.2 million compensation was agreed.

Ms Justice Mary Irvine at the High Court in Dublin approved the settlement – commenting that it was a good one in the circumstances – and closed the case by adding that, although no settlement of compensation would make up for the trauma Laura had suffered, she hoped that the extra money would make Laura´s life better.

Car Crash Compensation Claim against MIBI Approved in Court

A man, who suffered a severe brain trauma and now requires permanent care after being thrown from a car driven by an uninsured driver, has had his car crash compensation claim against MIBI approved in court.

The man – who is a ward of court and cannot be named for legal reasons – was just 19 years of age when, in March 2008, he was a passenger in a car which went out of control, left the road and ran into a tree. The victim, who was thrown out of the car as it left the road, suffered a severe brain trauma which has left him requiring permanent nursing care and only able to communicate by means of thumb up or thumb down.

Ms Justice Mary Irvine at the High Court heard that the driver of the car had been uninsured, and that a car crash compensation claim against the Motor Insurers´ Bureau of Ireland (MIBI) had been made. She also heard that an agreement had been reached between the man´s legal advisors and MIBI to award 4.25 million Euros to the victim – an amount which had been reduced by 20 per cent to account for the man´scontributory negligence of failing to wear a seatbelt.

The judge approved the settlement of the unnamed man´s car crash compensation claim against MIBI, stating that it was an excellent settlement which would provide the car he required for the rest of his life. She also ordered that the foster mother who had been caring for the victim since his accident should receive an immediate lump payment of 544,800 Euros to cover the expenses and hospital bills she had already incurred.