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Hit and Run Injury Claim Settled with Split Liability

A hit and run injury claim has been settled during a break in proceedings on the first day of a hearing after an agreement was reached on the division of liability.

Anthony Driver (25) from Enniskerry in County Wicklow made his hit and run injury claim after being run over by an unidentified car at the junction of Sidmonton Avenue and Meath Road in Bray on 2nd November 2012.

Anthony – who was on his way to meet a friend to get a lift home – remembers that the unidentified car pulled over after hitting him, but then drove off again without calling for help or offering assistance.

It was only when Anthony was found lying injured in the street by a Garda that he was taken to hospital where he was treated for a fractured spine, fractured ribs, a lacerated liver and various internal injuries.

Anthony remained in hospital for none days – four of them in intensive care. After his discharge from hospital he experienced difficulty eating for some time and he still suffers from pains in his back.

As the driver of the car that struck Anthony could not be traced, Anthony´s hit and run injury claim was made against the Motor Insurers´ Bureau of Ireland (MIBI) – the body that are responsible for paying injury compensation when the owner of a vehicle cannot be traced or is uninsured.

The MIBI disputed liability for Anthony´s hit and run injury claim as the Garda who found Anthony had described him as “grossly intoxicated”, and the insurers´ bureau said that Anthony was likely responsible for his injuries due to his own lack of care.

As liability for Anthony´s hit and run injury claim was disputed, the Injuries Board issued Anthony with an authorisation to allow the option of court action. The case went to the High Court last week where it was heard by Mr Justice Nicholas Kearns.

At the hearing, Anthony admitted to Judge Kearns that he was intoxicated at the time of the accident. The MIBI repeated their argument that, because of his condition, Anthony should accept some level of liability for his injuries.

Discussions regarding a negotiated settlement started as the court was adjourned for lunch. On Judge Kearns´ return, he was informed that Anthony had agreed to an undisclosed settlement of his hit and run injury claim after accepting 75% contributory negligence.