Posted: August 6th, 2011
The frequency of the payment compensation system has been criticised by Mr Justice John Quirke in the High Court.
The judge was unhappy with the system of compensation settlements when awarding more than 5 million Euros to Caroline Bogue of Belturbet, County Cavan following a settlement with the Motor Insurance Board of Ireland (MIBI) after a road traffic accident.
Mr Justice John Quirke argued that staged payments for awards of personal injury compensation would be much more beneficial to victims as the value of this settlement represented just 60% of what the claim was worth. Ms Bogue suffered serious brain damage in May 2003 when the car in which she was a passenger, crashed into a tree just outside of her home town of Belturbet.
As a result of the accident Ms Bogue requires around the clock care, has difficulty sleeping as well as poor short-term memory and slow speech. The Judge commented that he believed the settlement would be insufficient for her lifetime and that she will become reliant on the State.
As the MIBI had argued that Ms Bogue was aware the driver of the car was uninsured there was a risk she would receive less compensation if the claim went to a full hearing. However a new payment compensation system for victims is due to be introduced shortly.