'glancing blow' | 

Gym enthusiast (27) who ‘wasn’t frank’ about crash history gets €8k award for collision

Judge Comerford said he accepted that Mr Joyce “wasn’t frank about his claims history” and “was far too cagey about his claims history”.

Gordon DeeganIndependent.ie

​A gym enthusiast and father of three from Longford, who told a court that he wasn’t able to lift a shopping bag or do the shopping after a “glancing blow” with another car, has been awarded €8,000 by a court in a personal injuries claim.

At Ennis Circuit Court, Judge Francis Comerford said Patrick Joyce’s car had “a glancing blow” with another car where the “wing mirrors did hit off each other”.

Along with awarding Mr Joyce €8,000, Judge Comerford awarded his then pregnant wife and front seat passenger Helen Joyce €11,000 in personal damages.

In the assessment case where the other driver accepted liability for the collision, Judge Comerford also made a material impact award to Mr Joyce (27) from the damage to his Volkswagen car at €1,254.

He stated that he was “satisfied there was no significant impact”. He said there was some damage to Mr Joyce’s wheel arch which wasn’t insubstantial because there was indentation.

The court was told that the 2018 accident is one of three road traffic accidents, the others taking place in 2016 and 2020, that Mr Joyce has been involved in where he has complained of suffering from pains in his lower back.

Under cross-examination from Peter Klein for the other driver’s insurers, Mr Joyce initially stated he was not involved in any other accident after the 2018 accident.

Judge Comerford said he accepted that Mr Joyce “wasn’t frank about his claims history” and “was far too cagey about his claims history”.

Patrick Joyce at Ennis Court

However, he added that Mr Joyce’s evidence concerning his claims history didn’t meet the threshold for dismissing his claim for the 2018 accident.

In evidence, Garda Brian Donnellan told the court that at around 10.30pm on March 28, 2018, the two cars involved in the accident had parked up at a forecourt near the Kildysart Road, leading to Clarecastle near Ennis.

Gda Donnellan said there was no damage to the other driver’s car and the only damage to the Joyce car was a broken wing mirror.

He said the driver of the other car didn’t challenge Mr Joyce’s statement that he had crossed across the white line, colliding with Mr Joyce’s wing mirror.

Gda Donnellan said: “As I was taking details, Patrick Joyce told me everything was fine, no one was hurt and that ‘we can sort it out ourselves’.”

However, Mr Joyce subsequently lodged a claim for personal injuries and told the court that due to the accident he had neck pain for six to eight weeks and back pain for a year that prevented him from engaging in sporting activities.

A gym enthusiast and marathon runner, Mr Joyce told the court “I used to bench 150”.

When asked by Mr Klein why he told Gda Donnellan that they would sort it out themselves, Mr Joyce said he was in shock after the collision.

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