car crash Judge dismisses compo claim as “grossly exaggerated” and likely to have been staged
The High Court has dismissed an action by a man who had sued claiming he will be chronically injured for the rest of his life after a roundabout car collision.
Mr Justice Bernard Barton said Victor Olaru’s claim was “grossly exaggerated” and he found the collision was “ a deliberate event” most likely the result of an arrangement between Mr Olaru and another individual.
The most likely explanation of Mr Olaru’s possession and reporting of the other man’s insurance details and naming him as the driver of the other jeep is that the details had been given to Mr Olaru “as part of an arrangement the purpose of which was to make a claim for compensation,” the judge said.
He said Mr Olaru (41) gave evidence which he knew to be false or misleading in a material respect and that in the particular circumstances of the case the prosecution of the claim amounted to an abuse of the judicial process.
The court found as a matter of probability Mr Olaru’s jeep was stationary at the time of the collision and the damage to his jeep was inconsistent with his evidence that he was travelling at 20 to 30 km per hour when the crash occurred.
Mr Olaru a native of Moldova with an address in Clonsilla, Dublin the judge found to be “an entirely unreliable witness who gave contradictory, inconsistent, unbelievable and untruthful evidence, notwithstanding his numerous assertions to the contrary.”
Who will now pay the costs of the action which lasted several days earlier this year will be decided in January.
Mr Justice Barton was told that Mr Olaru, who had represented himself, was now in Moldova but would return in January for the costs application by the Motor Insurers Bureau of Ireland.(MIBI), which compensates victims of uninsured and untraced drivers.
Father of four, Mr Olaru, had sued the alleged driver of the other vehicle, and the MIBI but the alleged driver of the other car remained untraced and the case proceeded against the MIBI only.
Mr Olaru had claimed he suffered damage to his body, including back injuries in the collision on April 9, 2009, between his jeep and another jeep in Clonee, Co Meath.
Mr Justice Barton said on the face of it this was a straightforward road traffic collision at a roundabout where the other driver fled the scene.
But the judge said the circumstances were anything but straightforward.
Mr Olaru, he said. alleged the accident was “an attempted murder.” And the MIBI said it was “a set up”.
There were circumstances in the case the judge said which “border on the bizarre.”
Mr Olaru initially maintained he did not know the identity of the other driver but it subsequently transpired he had business dealings with the other alleged driver a year before and he also had details of his motor insurance.
A few days after the accident, the judge said, Mr Olaru reported the accident to the man’s insurer and named him as the other driver.
Mr Olaru said he was knocked unconscious in the crash, but yet he could give the name of the other alleged driver and give the insurance company details a few days later.
Mr Justice Barton also accepted the garda evidence in the case. He said the medical notes in the case referred to a slight head injury but there was no mention of loss of consciousness.
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