A woman has pocketed just under €59,000 in nine cases of personal injury damages from various insurance companies without ever having had to go to court, an outraged judge has been told.
Judge Michael Walsh in the Circuit Civil Court threw out two claims by Anne Keenan, of Church Drive, Clarecastle, Ennis, Co Clare, and her friend, Catherine McCarthy, Shelly Drive, Cloughleigh, Ennis, which he described as fraudulent and outrageous.
The judge told barrister Robert O’Geibheannaigh, counsel for a taxi driver and his insurer Allianz, which insisted on challenging the new €60,000 claims of both 66-year-old women, it was highly unlikely the accident they described had happened at all.
Mr O’Geibheannaigh, who appeared with Newmans Solicitors for the Motor Insurers’ Bureau, taximan Stephen Dolan and Allianz, told the court Keenan had failed to declare nine previous accidents in which she picked up €59,000 in out-of-court settlements. McCarthy, he said, failed to disclose one previous accident.
Taxi driver Dolan, of Casino Park, Marino, Dublin 3, said the accident he was accused of had never taken place after both women swore he had been distracted by using his mobile phone and crashed into the back of a white van while taking them to Heuston Station in June 2016. Both complained they had injured their necks and shoulders and McCarthy claimed she had 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.”
Judge Walsh said there had been a huge conflict of evidence in both cases and a failure by both women to disclose previous accidents.
“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 taximan.
“I have no hesitation in dismissing both claims and I will award one set of costs in favour of the defendants,” he told Mr O’Geibheannaigh.
