Claims News

Passengers Injury Claims for a Rear End Accident Resolved in Court

Posted on: November 5th, 2015

A driver´s and two passengers´ injury claims for a rear end accident have been resolved at a hearing of the Limerick Circuit Court.

On 18th October 2011, Mary O´Reilly was driving Lisa O´Reilly, Caitriona McDonagh and Breda McCarthy in her husband´s SUV from Charleville in County Cork to Rathkeale. As the SUV approached a roundabout on the outskirts of Rathkeale it was rear-ended by a rental van driver by Jeremiah O´Brien.

Although Mary and her three female passengers initially appeared to be uninjured, each started to experience pains in their heads, arms and backs consistent with a whiplash injury in the days following the accident. After seeking medical advice, Mary claimed compensation from O´Brien, Enterprise Rent-a-Car and the Motor Insurers Bureau of Ireland (MIBI).

Lisa O´Reilly, Caitriona McDonagh and Breda McCarthy also made passengers injury claims for a rear end accident and Mary´s husband – William O´Reilly – claimed compensation for the damage to his vehicle. However, Enterprise rent-a-Car and the MIBI denied their consent for the Injuries Board to conduct an assessment of the claims.

The defendants alleged that Mary´s and the passengers injury claims for a rear end accident did not stand up to scrutiny. They claimed that Jeremiah O´Brien and William O´Reilly were known to each other, and that when the Gardai attended the scene of the accident, no property damage was recorded. Furthermore, Mary and one of her passengers had made several personal injury claims in the past.

The case went to the Limerick Circuit Court to be resolved, where Judge Karen Fergus was told that, although William O´Reilly´s parents had lived close to Jeremiah O´Brien´s parents, the two men had only met once before. Furthermore, as one of the plaintiffs – Lisa O´Reilly – had settled her claim out of court, and a second – Caitriona McDonagh – had experienced severe difficulties during a pregnancy due to her injuries, the judge found in the plaintiffs´ favour.

Judge Fergus awarded Mary O´Reilly €7,500 for the neck and back injuries she had sustained in the accident and the two passengers injury claims for a rear end accident were settled for €10,000 (Caitriona McDonagh) and €12,000 (Breda McCarthy). The judge also awarded William O´Reilly €4,800 for the damage to his vehicle.



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