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Judge rules plaintiffs' whiplash claims as genuine

26 February 2019 Written by SOR Solicitors Category: Blog

Eight Polish people who were passengers in two cars that collided in north Dublin on December 27th lodged personal injury claims totalling nearly €0.5 million, the Circuit Civil Court heard. Dealing with three of the cases, Mr Justice Raymond Groake has awarded three claimants €10,000 each.

The judge told Axa Insurance that while he did not blame the company for having a very defensive attitude towards the cases, Judge Groake was compelled to rule in the plaintiff’s favour because of their honesty.

An Axa investigator had told the court there were Facebook links between some of the claimants and those in the other car involved in the crash. However, Judge Groake went on to make the court aware that some people who are ‘friends’ on Facebook do not ‘know one another from Adam’.

Arkadiusz Rokicki (23), Daniel Kutszal (24) and his sister, Majal Kutszal (34), all who reside in Lusk, were injured when they were passengers in a car driven by defendant Dariusz Chudyk, who was compensated through his Axa insurance policy and is now living in Poland.

Counsel for the three claimants, Barrister Paul Gallagher, told the court they were injured when Mr Chudyk’s car drove into the back of another vehicle on the approach to a roundabout in Lusk. Each plaintiff sustained whiplash injuries as a result of the collision.

Judge Groake said there had been no evidence of any Facebook communication between any of the plaintiffs or any other party involved in the accident.

The five outstanding claims relating to the driver and passengers in the third party have not yet come before the court. Each claimant was and is seeking damages of €60,000 amounting to an overall claim value of €480,000.

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