We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.


Car crash compensation claim thrown out as judge says evidence was "unbelievable"

The judge also said he found the man to be “guarded and defensive”.

THE MOTOR INSURANCE Bureau of Ireland will use all its investigative resources to help stamp out fraudulent insurance claims, the bureau’s chief executive David Fitzgerald said today.

The MIBI declaring war on unwarranted cases arising from suspicious accidents followed the decision by Circuit Civil Court Judge Karen Fergus to throw out a €60,000 claim by Michael Robinson, Broadlough View, Greenhill Road, Wicklow.

Robinson, a back seat passenger in a car driven by John Connors, Ocean View, Ballyguile, Wicklow, claimed his lower back had been injured when Connors’s car struck a bridge between Rathdrum and Laragh in March 2015.

After forensic collision investigator Tony Kelly told the court that Connors’s car had “been driven, rolled or manoeuvred” to its resting position after the accident, Judge Fergus dismissed the case.


She told barrister Conor Kearney, who appeared with solicitors Stephen MacKenzie and Company for the MIBI, that she did not believe Robinson’s evidence that he and two others had sat in the car “and did not talk at all” for more than half an hour until the gardaí arrived at the scene.

Judge Fergus said the accident had not happened in the manner in which the plaintiff said it had. The position of the vehicle after the accident was inconsistent with the position of the accident and the vehicle may have been moved afterwards.

“I found the plaintiff to be guarded and defensive and I find his evidence that he and others sat in complete silence in the vehicle for over half an hour to be unbelievable,” Judge Fergus said.

Judge Fergus said that when the investigating garda had arrived he had taken photos on his own phone camera of the scene and the resting position of the vehicle.

“I wish to commend the actions of the garda for taking photos on his own camera and I wish this practice to be rolled out as a recommendation in the future,” Judge Fergus said.

She awarded the MIBI’s legal costs against Robinson.

Following the case a statement on behalf of the Chief Executive of the MIBI, David Fitzgerald, was issued by Jimmy Healy, senior vice president of Teneo Strategy.

Read: Man who filmed himself sexually assaulting pregnant girlfriend jailed>

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

Your Voice
Readers Comments
    Submit a report
    Please help us understand how this comment violates our community guidelines.
    Thank you for the feedback
    Your feedback has been sent to our team for review.