Thursday 19 July 2018

Watch: Four injury claims dismissed as CCTV of collision shown in court

A snippet from the CCTV footage of the incident
A snippet from the CCTV footage of the incident
Amy Molloy

Amy Molloy

This is the CCTV footage which led to four personal injury claims being dismissed by a judge, who questioned how "these fit young men were jolted in the way they are alleging".

The four men, all in their 30s and from Co Cork, sued for neck and back injuries after a jeep reversed into the front of the parked car they were sitting in.

The Toyota Avensis involved in the incident
The Toyota Avensis involved in the incident

The incident happened at Apple Green in Classes Lake, Co Cork on January 25, 2016.

CCTV footage obtained exclusively by shows the collision involved minimal impact.

Stephen Jordan of Castle Park, Ballincollig, Andrew Toole of Knocknagoul, Coachford, Michael Crowley of 26 Belmont Place, Crookstown and Michael O’Connell of 32 Innishmore Grove, Ballincollig all claimed they were injured in the incident and went to their respective doctors for treatment afterwards.

The case was before Judge Sean Ó Donnabháin on June 22.

After viewing the footage, he remarked: "From what I am seeing before me, I cannot see how they were jolted to the degree and severity of the claims being made."

Photographs of the exterior of the vehicle showed virtually no damage, and the garda who arrived at the scene described it as a "tiny dent".

defendant car.jpg
The defendant's jeep, which reversed into the Toyota Avensis

Judge Ó Donnabháin dismissed all claims but made no order as to costs.

He also questioned why the defendant insurance company covered the cost of damage to the car, after an assessor, who said the 2005 Toyota Avensis was worth around €1,800, would cost more to repair and deemed it a write off.

Aviva Insurance, who insured the defendant driver, welcomed the judge's decision but said it did not settle any material damage.

Robert Smyth, a former detective superintendent who now works with Aviva, said: "We welcome the Judge’s decision to dismiss all these claims. I also take on board the judge’s criticism around settling the material damage aspect of such claims is not helpful.

"However, it should be noted that we paid for the towing of the vehicle and car rental prior to any concerns being raised and we did not settle any material damage claim."

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