High Court overturns 7 whiplash awards after mini-bus crash

Source – irishtimes.com

The High Court has overturned awards for alleged whiplash to seven people who claimed they suffered the injuries when a mini-bus they were travelling in was rear-ended by what a judge described as a “mysterious car”.

Ms Justice Marie Baker said while all the claimants had clinical signs of whiplash type injury, that in itself did not mean the injuries were caused in the way the claimants described.

They had claimed the mini-bus was hit from behind by a car on August 9th, 2008, at a t-junction known as Snips Bridge, near the border at Drumgoole, Silverstream, Co Monaghan.

They were on their way to a night out at the dogs in Dundalk and claimed the car sped off and no one got its registration, while only two people said they actually saw a car.

They sued the Motor Insurers Bureau of Ireland (MIBI), which compensates victims of uninsured or untraced drivers.

In the Circuit Court, the seven were awarded between €3,000 and €8,000 compensation.

Two other men, who were also passengers in the bus, had their claims rejected by the Circuit Court.

All nine were friends or relatives, whether by birth or marriage.

The MIBI appealed the awards to the seven and opposed appeals brought by the two who had not been successful.

The appeal was heard over four days in the High Court by Ms Justice Baker.

Today, the judge allowed the MIBI’s appeals against the seven and dismissed the appeals by the two men.

The judge said the claimants had not satisfied the burden of proof.

No debris

She was satisfied most of the plaintiffs had, in the course of their evidence, “expressed little confidence or enthusiasm for a version of events that implicated a mysterious car”.

Essentially, the case came down to the fact that, of the nine, two said they saw a vehicle neither of whom was clear as to the type of vehicle or number plate, and no debris was found on the road.