A court has heard that in two of five road traffic accidents a Dublin man was involved in, the roof had to be cut off the car following alleged minor impacts in order to free some of the injured.
Judge John O’Connor told 33-year-old Edward Stokes in the Circuit Civil Court today that he had failed to prove his €60,000 damages claim for personal injuries he allegedly suffered in a rear-ending accident three years ago.
Stokes, of 25 Foxdene Avenue, Lucan, Co Dublin, told barrister Shane English, counsel for AXA Insurance, that the defendant in the case was his brother Martin, of the same address, who did not turn up in court.
Mr English, who appeared with Hayes McGrath Solicitors, said he had been handicapped by the non-appearance in court of Mr Stokes’ brother and had been confined to cross-examining him on evidence laid before the court.
Stokes told Mr English he had been unable to remember a number of accidents, in some of which he had been the driver, and agreed that insurers had settled some of them and, in one case, had paid out up to €70,000.
He claimed that in the accident of January 14, 2017, he had suffered injuries to his neck and back. He had been a passenger in his brother Martin’s car when it had rear-ended another vehicle.
He agreed that in another rear-ending he had been the driver when Martin had been injured and had benefitted from a claim.
Mr English told Judge O’Connor that six times he had asked Mr Stokes if he had been involved in any other accidents and after considerable evasion eventually he had said no. The fact was that he had been involved in a sixth accident, albeit one in which there had only been material damage to the hub cap of another car.
Mr Stokes said that in the particular accident being referred to, he only had to pay for one wheel on another driver’s car.
Counsel said there had been three accidents involving Mr Stokes and other members of his family after which considerable sums of money had been paid out to settle claims.
“It is extraordinary that somebody would have been involved in minor accidents in which on two occasions the roof would have to be cut off their car,” Mr English told the court.
Mr Stokes said that he had been on medication and did not remember every accident he was being asked about or the dates on which they had taken place. Insurance companies had decided to settle a number of claims.
Judge O’Connor said that while he was dismissing Mr Stokes’ claim and awarding costs against him the court was making no finding of fraud having been involved. He said he had reached his decision after having considered medical reports in the case.
“I am satisfied that the plaintiff has not proved his case with regard to the injuries he alleges he suffered,” Judge O’Connor said.