Taxi driver who denied exaggerating injuries settles claim

A Dublin taxi driver who denied exaggerating his injuries after his vehicle was allegedly rear-ended by another taxi has settled his High Court damages action.

Derek Delaney, 60, claimed he suffered pain to his neck, shoulders and soft tissue injuries to his neck after his taxi was struck from behind by another taxi car at the holding area for taxis at Dublin Airport on June 27, 2014 last.

As a result, Mr Delaney of Connolly Avenue, Inchicore Dublin 8 sued the driver of the other taxi Ibraham Enidunmo, with an address C/o Aviva Insurance, Knocknacarra, Galway.

In proceedings, before Ms Justice Bronagh O'Hanlon Mr Delaney claimed the defendant was negligent and in breach of his duty of care towards him.

He claimed the defendant failed to keep an adequate look, caused the collision with Mr Delaney's car, drove in a dangerous manner, and failed to have any regard for the safety of other road users.

He claimed the injuries he sustained left him in pain which required treatment, medication and he also attended physiotherapy.

The claims were denied, and the defendant said that there was no collision as claimed.

Mr Delaney told the court that at a visit to his GP 11 days after the accident he did not mention the pain he suffered in the accident to his doctor.

He said he was "not one for doctors" and he had hoped that the pain would ease over time. However, his pain did not recede and after time he was referred to hospital and was diagnosed as suffering whiplash to his neck.

He added that he no longer played golf but did walk every day.

Under cross-examination by David Nolan SC, appearing with Paul O'Neill Bl for the defendant Mr Delaney denied exaggerating his claim, or that his account of what occurred was "close to fraudulent."

Mr Delaney accepted that following the accident he made several phone calls, which were recorded, to the defendant's insurer Aviva.

Counsel said that in one of the calls the transcript of the conversation recorded Mr Delaney describing the accident at the airport as having occurred when the defendant's taxi rolled into the back of me."

Mr Delaney denied counsel's contention that he "falsified a claim out of frustration with Aviva" as the insurer did not accept that a collision had occurred as claimed nor was the insurer prepared to pay out.

"That is not true," he said.

Mr Delaney said he contacted Aviva because he wanted the matter resolved because he did not want to claim on his own car insurance as the premium to increase.

Counsel put it to him there were no colour photos supporting Mr Delaney's claims that the defendant's car had collided with his taxi, only black and white ones.

Counsel also told the court that a picture taken after the alleged incident by the defendant displayed no damage to Mr Delaney's car.

'my life has been changed by this'

Mr Delaney also denied that the extent of his injuries had been exaggerated, after counsel said that doctors reports had described the plaintiff's condition as being "normal".

He said the injuries he sustained following the incident "were not there before" and that the accident had "my life has been changed by this."

He made his reply after counsel put it to him that his symptoms were associated with "old age, which happens to us all," rather than a collision.

Mr Delaney also told the court the fact the other medications on his monthly prescriptions, including medicine for his asthma, had been submitted as part of his claim due to a "genuine mistake".

After the conclusion of Mr Delaney's cross-examination the parties, following a suggestion by the judge, entered into talks.

When the matter returned before the court on Friday afternoon Thomas Hogan SC for Mr Delaney said the case had settled, and with the consent of both parties could be struck out.