‘The accident was staged’ – judge dismisses €240,000 car crash damages claim

Car Crash

18 November 2021

Four east European nationals who claimed €240,000 damages for personal injuries arising out of a car crash in Dublin, have been told by a judge he was satisfied the collision had been staged.

Judge Cormac Quinn, in dismissing all of the cases and awarding legal costs totalling almost €80,000 against the claimants, said the court accepted that a car with four people in it had been driven to a predetermined site where it was to be rear ended by a hire car.

Barrister Padraic Hogan, who appeared with David Culleton of Mason Hayes and Curran Solicitors for Budget Rent A Car, told the court that the driver and three passengers in the rear-ended car had claimed €60,000 each in damages for personal injuries.

Mr Hogan was allowed to amend the defence entered on behalf of the Roscommon hire car firm and Zurich Insurance, which had mounted a forensic probe into the April 2018 accident, uncovering links to three other collisions almost in the same spot and involving some of the claimants.

Judge Quinn said the Trojan investigation by the defence had to be commended and told Mr Hogan the evidence put forward by the claimants had stretched the credulity of the court and he did not accept any of it.

“The only logical conclusion this court can come to is that the two cars involved were brought to St Margaret’s Road, Finglas, where the accident was staged,” Judge Quinn said.

The claims had been made by Lukasz Urbaniak, driver of the rear ended car, who lives with another claimant, Magdalena Urbaniok, both aged 37 of Garnish Square, Waterville, Dublin, and Marzena and Tomasz Stanek, both aged 42, of Charlestown Centre, St Margaret’s Road, Finglas, Dublin 11.

The court heard the rental car had been hired the previous day by a man also linked to earlier accidents.

“I accept that the four claimants in this case are known to each other and, as in three of the earlier accidents, a lone driver had been involved in the rear endings,” Judge Quinn said.

Mr Hogan’s amended defence stated that whatever was alleged to have occurred on April 12, 2018 had not been a bona fide traffic accident and had been deliberately caused by the driver of the car with three passengers in it.

Flynn Brothers Rent a Car Ballygar, trading as Budget Rent A Car, Athlone Road, Roscommon, maintained in its new defence that the passengers in the car had voluntarily allowed themselves to be carried to the site of the accident knowing it would deliberately be involved in a crash with its hire car.

If you would like an assessment of a claim, you can use the online form available here without obligation or alternatively you can use the automatic claim calculator.

Follow us for the latest updates & news

Recent News

Autistic cinema manager wins €12k over discrimination in roster row

An autistic cinema manager who quit when his employer was unable to guarantee him two days off in a row following a months-long dispute over rostering arrangements has secured €12,000 in compensation for disability discrimination. The complainant's wife gave evidence...

Northern Ireland exam board boss wins £100,000 settlement

Northern Ireland’s Council for the Curriculum, Examinations and Assessment (CCEA) has paid a substantial settlement to its former interim chief executive who complained of sex, race and age discrimination and constructive dismissal. The sum paid to Margaret Farragher,...

Recent Articles

Psychological Injury

Nervous Shock I The law allows recovery of damages for so called nervous shock, within certain parameters and subject to limitations.  Nervous shock is the most commonly used legal label for psychiatric or psychological injury. Psychiatric injuries include...

Public Authorities and Negligence

Powers and Duties In broad terms, public authorities are subject to civil liability for negligence and other civil wrongs, in the same way as private individuals and companies.  The State and other public bodies are responsible for the actions and omissions of...

Duty of Care (Part 2)

Limits to Neighbour Principle The famous neighbour principle re-stated the general basis of liability in negligence. It stated, that “you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your...

Duty of Care (Part 1)

Meaning of Negligence I Negligence is used in a number of senses.  In one sense, it refers to a person’s state of mind.  An act is negligent, where it is done without giving due weight to the risks involved.  A person  (and his state of mind) may...

Join our Panel

You May Also Like...