A woman has received just under €59,000 in personal injury damages from nine cases taken against various insurance companies without ever having to go to court, a judge has heard.
Circuit Civil Court judge Michael Walsh threw out two claims by Anne Keenan (66), of Church Drive, Clarecastle, Ennis, Co Clare, and her friend Catherine McCarthy (66), of Shelly Drive, Cloughleigh, Ennis, which he described as fraudulent and outrageous.
The judge told barrister Robert Ó Géibheannaigh, counsel for a taxi driver and insurer Allianz, which insisted on challenging the €60,000 claims lodged by the women, it was highly unlikely that the incident they described happened at all.
Mr Ó Géibheannaigh, who appeared with Newmans Solicitors for the Motor Insurers’ Bureau of Ireland, taxi driver Stephen Dolan and Allianz, told the court Ms Keenan had failed to declare nine previous incidents in which she picked up €59,000 in out of court settlements. Ms McCarthy, he said, failed to disclose one such case.
Mr Dolan, of Casino Park, Marino, Dublin 3, said what he was accused of never happened after both women swore he crashed into the back of a white van while using his mobile phone as he drove them to Heuston Station in Dublin in June 2016. Both women claimed they had injured their necks and shoulders and Ms McCarthy alleged she also hurt her back.
“Mr Dolan was adamant there was no collision or accident and said his phone was attached to the dash at all times during the journey,” Judge Walsh said. “I am satisfied neither woman was involved in an accident.”
The judge said there was a huge conflict of evidence in both cases and a failure by both women to disclose previous claims.
“I don’t find them to be credible and I am satisfied it was highly unlikely that a collision occurred,” he said.
He said he found both claims to be outrageous and could only conclude they were cases of fraud and gross exaggeration against an innocent taxi driver. “I have no hesitation in dismissing both claims and I will award one set of costs in favour of the defendants,” he told Mr Ó Géibheannaigh.
