Tuesday 23 January 2018

Woman hurt in hit-and-run on beach gets €79,000

Tim Healy

A WOMAN injured in a hit-and-run accident while playing ball on a beach has been awarded €79,000 in High Court damages.

Siofra O'Loughlin (24), sued the Motor Insurance Bureau of Ireland(MIBI) for injury to her arm arising out of an accident on Dollymount beach, Dublin, on the evening of July 17, 2006.

The MIBI, which deals with accident claims arising out of uninsured and unidentified drivers, denied her claim. It claimed that she told gardai she had fallen out of a car and did not want the matter investigated.

Garda Martin Gallagher told the court that when he spoke to her shortly after the accident, she said it was "alright" and when he asked her again, she said she fell out of a car. He agreed, under cross-examination, she was in shock and pain.

Yesterday, Mr Justice Iarfhlaith O'Neill said he was satisfied the accident had occurred in the manner that Ms O'Loughlin said it had. She had also reported the incident to the gardai within a reasonable time of the accident, he said.

She was entitled to €79,000 in damages, plus her legal costs.

Ms O'Loughlin, an accounts assistant from The Rath, Rolestown, Swords, Dublin, told the court she went to the beach with three friends and they were playing with a ball when she slipped and fell. A car reversed towards her and one of its wheels went over her arm and grazed her back. She saw the driver get out, look back, get back in and drive away.

She suffered a fractured arm, abrasions, and her arm was in a cast for several months. She later required an operation. She continued to have pain.

Under cross-examination, Ms O'Loughlin denied she told Garda Gallagher she had fallen out of a car and did not want the matter investigated.

She further denied she was in a car doing beach wheelies.

Irish Independent

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