Aviva and MIBI Defend Claims

[Rat Catcher]

https://www.independent.ie/irish-news/pictured-man-who-had-60k-claim-thrown-out-says-oh-i-see-youve-been-looking-at-my-facebook-36504490.html

Amy Molloy and Ray Managh
January 20 2018 1:02 PM
 
A man questioned in court about competing in a triathlon five weeks after suffering "incapacitating injuries" responded: "Oh, I see you've been looking at my Facebook."

Graham Dunne (41), of Castlecurragh Park, Blanchardstown, had his €60,000 claim thrown out of the Circuit Court on Wednesday on the basis he gave misleading information regarding his previous medical history.

Exclusive pictures obtained by Independent.ie show the father-of-two wearing a 'Gaelforce West 2013' t-shirt while out running.

Gaelforce West is a one-day adventure race which involves kayaking, a 58km cycle and a 15km run up Croagh Patrick.

When asked about his participation in Gaelforce West, Mr Dunne said the last time he competed in that race was 2014.

Evidence of him wearing a t-shirt from the event in 2013 was then put to him and he admitted that he had participated in the event in 2013 - five weeks after he suffered injuries in a biking accident allegedly involving a hit and run driver.

Under cross-examination it was also put to him that he undertook a course in Krav Maga, an extreme martial art fighting self-defence class which the Israeli Defence Forces are trained in.

He admitted taking part in this also.

Conor Kearney, counsel for the Motor Insurance Bureau of Ireland, which compensates victims of untraced motorists, told the court that Mr Dunne had misled a doctor about his past medical history.

He said that during an examination by Dr Pat O’Neill, a sports injury specialist, Mr Dunne had concealed information about a second accident at the National Aquatic Centre in which he had sustained head and neck injuries and which he had settled out of court for €20,000.

Mr Dunne denied that he deliberately intended to do this.

Judge Groarke dismissed the claim and remarked that those who fail to disclose material facts do so at their peril.

Mr Dunne was contacted for comment but did not respond.

The verdict was welcomed by David Fitzgerald, chief executive of the MIBI.

Mr Fitzgerald told Independent.ie that the MIBI are taking a "tough stance" on suspicious claims and have adopted a "fighting fraud" strategy.

"We're prepared to spend money fighting these cases in court as in the long term, we are getting some good results from the judiciary. We want to make sure that there is enough money available there for genuine people," he said.

The MIBI generated over €2.5 million in fraud savings in the first nine months of last year, while 266 cases were flagged as suspicious and investigated.

[Rat Catcher]

https://www.independent.ie/irish-news/he-jumped-out-of-the-car-to-stop-witness-taking-photographs-elderly-man-forced-to-defend-75k-injuries-claim-37548218.html
   
Amy Molloy 
November 21 2018 2:41 AM
 
A 75-year-old man has told how the driver of a car he rear-ended jumped out of the vehicle to stop a witness taking photographs, but later demanded to be removed from his car on a spinal board.

The accident happened in August 2013 after the driver mysteriously slammed on the brakes of his car coming up to a roundabout in Co Limerick, despite nothing being in front of the vehicle.

He then brought a personal injuries claim worth €75,000.

The man forced to defend the claim for the last five years, who wishes to remain anonymous, travelled to the High Court last week.

The plaintiff tried to settle for damages but Aviva, which was the defendant’s insurers, refused as it argued the claim was exaggerated due to the minimal contact made between the cars.

After five years of toing and froing, the plaintiff withdrew his case.

The defendant said he’s mostly annoyed about the “time wasting” involved and the racking up of legal fees of “at least €40,000”.

His wife is in a nursing home suffering from Alzheimer's disease and he described the incident as “wholly inconvenient”.

“I knew all along I was in the right and I’m amazed at how this man managed to turn a fender bender into a two-day High Court case,” he told Independent.ie.

“He took up court time, police time, the lawyers and insurers’ time and he took up my time. I had to pay for a hotel to stay in for the court date aswell.

“It was a summer’s day when it happened and I was driving around a roundabout and his car was stopped at the exit to the left of me. As I indicated, this guy drives out in front of me and I had to slam on my brakes very hard to stop.

“Out of annoyance, I beeped my horn and he stuck his hand out the window and gave me the two finger salute.

“We continued along the road when all of a sudden he brakes out of nowhere. I was in third gear at the time and swerved to the right to try and avoid him but hit his bumper… a friend of mine happened to be in the area at the time and went to take photographs but the other guy was trying to obstruct him.”

Aviva launched a full investigation and was satisfied it was highly unlikely any injuries could have been sustained.

“It’s not an issue because there was a claim against me. I was willing to pay for the damage caused. At the end of the day my insurance doubled and I was told that if they didn’t have to pay out, that would all be reinstated,” he said.

“The issue is that this guy exaggerated a claim and caused me to damage my car. That car was one of the loves of my life, it was my toy. I had it for years. I don’t drive anymore, not because of the accident, but it’s not worth the hassle and I have the free travel now.

“It’s just annoying like, I had been driving since I was 18 and in 52 years I’d never had one claim. I just wish we had tougher sanctions for time wasters like this.”

Rob Smyth, Head of Fraud with Aviva, said the company is fully committed to defending spurious claims.

“As part of our zero tolerance strategy, last minute approaches by a plaintiff to settle these claims for so called small money and legal costs will not be entertained. We will continue to allow the courts to decide on the final outcome.

“In this incident the offending motorist was taken to hospital on a spinal board where minutes earlier he had been walking without any apparent difficulty. Incidents like this, not only impact on the on the A&E services but ultimately also waste the valuable time of the gardaí and courts.”

[Rat Catcher]

https://www.independent.ie/irish-news/courts/injury-claims-dismissed-as-garda-says-damage-in-photographs-not-the-damage-i-saw-at-scene-36866604.html
   
Amy Molloy 
May 6 2018 2:30 AM
 
FOUR women have had their personal injury claims dismissed after a garda said the damage shown in photographs in court was not the damage he saw at the scene.
Julianne McDonagh, Anne McDonagh, Melissa McDonagh and Winifred McDonagh, with an address of Nashes Boreen, Fairhill, Co Cork, each brought injury claims after the vehicle they were travelling in was rear ended.

They appeared in Cork Circuit Court before Judge James O'Donohue, who dismissed their claims and awarded costs against them.

Garda Eoin Hodnett, who attended at the scene after the vehicle was rear-ended, told the court that the damage evident in the photographs presented by the plaintiffs was not the damage he saw at the scene.

The woman who rear-ended the vehicle said there was only a scratch to the back of the car following the accident.

David Harrington, an assessor who gave evidence, said that when he viewed the vehicle it had a "break in the bumper, a dislodged bumper, bumper bar bent, rear panel driven in and the boot floor also kinked".

Each of the plantiffs said they sustained soft tissue injuries to the neck and back, while Julianne McDonagh said she sustained a fracture to her rib.

An x-ray report indicated that Ms McDonagh had fractured her rib, but the evidence heard that none of the passengers complained of any injuries at the scene of the accident.

Judge O'Donohue said he found it strange that Julianne McDonagh did not complain of her injury at the scene, as fractures of the ribs are immediately painful.

He dismissed all of the claims and awarded costs against each of the plaintiffs.

Independent.ie understands that all four plaintiffs have since lodged an appeal.

The defendant in the claim was insured by Aviva, who welcomed the decision of the judge in this case.

However, they highlighted how the appeal will again be cost-heavy.

Head of their fraud department, Rob Smyth, told Independent.ie: "There is a significant cost in defending an appeal,  whereas the plaintiffs are simply rolling the dice. It makes little or no difference to the plaintiffs if they owe us €20k or €40K hence the appeal."

Mr Smyth praised the vigilance of Garda Hodnett at the scene of the accident.

He says Aviva will continue to robustly defend all exaggerated claims.

"That is our duty to our customers.  But for society at large, I think it’s now important that the Gardaí take appropriate action in these cases."

In April, eight motor claims brought against driver's insured with Aviva have been dismissed.

[Shallowhal]

Gonna stick in a claim for havin to look at Als Passat parked on the Gresh...a fukin eyesore so it is!!

[Tony]

Gonna stick in a claim for havin to look at Als Passat parked on the Gresh...a fukin eyesore so it is!!

It could be worser, he could have went for a Prius

[weird al wankovitch]

Gonna stick in a claim for havin to look at Als Passat parked on the Gresh...a fukin eyesore so it is!!

You couldnt handle a mans car hal.. Them little Prenises are tiny yokes ye wouldn't even fit a hogtied wet yoke into one of them.. My yoke would take 4 in the boot

[Shallowhal]

Gonna stick in a claim for havin to look at Als Passat parked on the Gresh...a fukin eyesore so it is!!

You couldnt handle a mans car hal.. Them little Prenises are tiny yokes ye wouldn't even fit a hogtied wet yoke into one of them.. My yoke would take 4 in the boot

Was that the four McDonagh burds who got rear ended at the same time?

[dalymount]

I was at a graduation ceremony today in the convention centre.when I got back to the car,I noticed a note left on my window.ut was from a euro car park employee,who look after that particular car park .apparently a car reversed into mine.when i assessed the damage,my whole front bumper is out of line.the guy who left the note said  he went over to the car that hit mine, and he said to the fella is everything alright ? but tour man just drove off.they have CCTV footage im told

[Shallowhal]

I was at a graduation ceremony today in the convention centre.when I got back to the car,I noticed a note left on my window.ut was from a euro car park employee,who look after that particular car park .apparently a car reversed into mine.when i assessed the damage,my whole front bumper is out of line.the guy who left the note said  he went over to the car that hit mine, and he said to the fella is everything alright ? but tour man just drove off.they have CCTV footage im told

Are ye feelin any pain in you neck dalyer?

[dalymount]

No,nor would I ever claim otherwise .I just want my car repaired.I reported it to santry Garda station,and in fairness to the cop he said he will pass on the details to store st under whos jurisdiction this matter is.I dont know if I will hear anything back,the cops are pretty slow to act in small matters like this,but you never know

[Rat Catcher]

I hope you get fixed up, DM. Did he mention the nationality of the lad that hit your car?

[dalymount]

No,nor did I ask.but judging by the number of foreign  certificate receiptiens that were there this morning ,its entirely possible he was not Irish

[Rat Catcher]

Was it a school/college/professional body graduation?

[Shallowhal]

I still think you should sit down and take it easy...ptsd can be an awful thing....even though you weren't there!!

[dalymount]

Yes rat,it was a collage graduation