The Globe Of News

‘The stress on our 70-year-old policyholder was unnecessary’ – third claimant withdraws claim after ‘minor tip’



The plaintiffs’ car after the collision

Amy Molloy

A third personal injury claim brought following a minor collision in a Limerick car park has been withdrawn.

The claim – which involved a child who was sitting in the back of a car when a vehicle reversed into it – was withdrawn in Limerick Circuit Court.

Costs were awarded against the plaintiff and Aviva Insurance, which represents the defendant, says it “intends to take all necessary steps to recover our costs”.

The child’s parents – Philomena Samantha Casey Faulkner and Martin Faulkner – also brought injury claims following the in 2015.

CCTV shows how the defendant – a 70-year-old woman – was reversing her vehicle and tipped the Faulkners’ car as they waited to find parking.

Ms Casey Faulkner can be seen immediately getting out of the car and walking towards the back of the vehicle.

In May, Ms Casey Faulkner had her case thrown out after she gave evidence that she only became aware of the accident when her baby started crying in the back seat.

In Limerick Circuit Court in March, Judge Sean O’ Donnabhain said he didn’t believe anybody could have been injured in an impact of this nature having viewed the CCTV.

He dismissed Martin Faulkner’s case. However, Mr Faulkner subsequently appealed the decision to the High Court, which was later withdrawn.

Speaking to Independent.ie about the case, Rob Smyth, Investigations Manager with Aviva, welcomed the result.

“We are happy with the outcome, albeit at a very late stage. The stress placed on our policy holder over the past four years was unnecessary but is another cost to innocent and genuine motorists.

“I would like to use this opportunity to publicly thank our policyholder for providing evidence during the hearings of the two other claimants. Without her help, these claimants may have succeeded in obtaining compensation.

“We also welcome the fact the Judge James O’ Donoghue awarded full costs to Aviva and I wish to reassure our customers that we intend to take all necessary steps to recover our costs.”

Online Editors



Via Independent

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