Posted: June 3rd, 2020
A man has been awarded €35,000 car accident compensation at the High Court due to the injuries he suffered as a result of a car accident where his son-in-law was driving.
An appeal had been lodged by the Motor Insurers’ Bureau of Ireland (MIBI) in relation to a previous decision that Gerard Mongan was entitled to damages after being struck by a car driven by Martin Mongan. This was in connection with a car accident that happened in the aftermath of an argument outside the plaintiff’s home at Renmore in Galway on June 16 2013.
Martin Mongan, who was previously married to Gerard Mongan’s daughter Amanda, was allegedly intoxicated when he went to the plaintiff’s residence and asked that he see his son immediately. The resident advised him that he should leave immediately. He did so but, it was claimed, he came back later and drove off the road and onto the path straight into Gerard Mongan.
Due to the injuries he sustained in the incident, Gerard Mongan filed a compensation claim in Galway Circuit Court against both Martin Mongan and the Motor Insurers Bureau of Ireland.
In the High Court the MIBI claimed that it had no liability due to the fact that the uninsured driver had deliberately used the car as a weapon. The case was made that any injuries were not the result of negligent driving by Martin Mongan. Legal representatives for the plaintiff countered this by alleging that there was no evidence that Martin Mongan had used his car as a weapon. The accident, they said, occurred due to a breach by Martin Mongan of his duty of care that it constituted negligent use of the vehicle.
The appeal was dismissed by Justice Denis McDonald. As he was delivering his ruling Justice McDonald was critical of the way that evidence was given by Gerard Mongan and his wife in relation to the incident.
He noted that their compensation claims did not state that Martin Mongan drove deliberately at them. However this was greatly different with the available evidence and statements given in the direct aftermath of the incident.
However the judge also ruled that the plaintiff are entitled to compensation based on legislation governing the MIBI and European law on matters like this.
Categories: Car Accidents