European court to probe refusal to pay car crash compo

THE State’s refusal to pay out compensation to the family of a Dublin teenager killed while travelling on the floor of a car driven by an uninsured motorist is to be examined by Europe’s highest court.

The European Court of Justice (ECJ) will next month hear a case referred to it by the High Court in Dublin in which the mother of a road accident victim is suing the driver of the car, the Motor Insurers’ Bureau of Ireland and the State.

Elaine Farrell is seeking compensation following the death of her daughter, Ann Marie, in an accident at Fortunestown Lane, Tallaght on January 26, 1996, which was caused by motorist, Alan Whitty.

The now 33-year-old printer from Corbally Drive, Tallaght, was jailed for three years and banned from driving for five years after he pleaded guilty before the Dublin Circuit Criminal Court in April 1997 to dangerous driving causing the death of Ann Marie Farrell.

The court was told that Whitty was uninsured and over the blood-alcohol limit at the time of the accident.

The State and MIBI have opposed paying compensation to Elaine Farrell on the basis that her daughter was one of four people sitting on the floor at the back of a vehicle which was not designed or constructed to adequately seat passengers.

However, lawyers for Ms Farrell have claimed a 1990 EU directive on insurance and civil liability means she is entitled to succeed in her civil action. The legislation obliges all EU states to ensure that insurance covers liability for personal injuries to all passengers excluding the driver.

The High Court has asked the ECJ to determine if such cover exists in the case of passengers travelling in vehicles not designed to carry them.

The issue is due to come before the ECJ in Luxembourg on September 7, when the court will be asked to provide a preliminary ruling on the case.

Earlier this summer, the EU signalled it would also take Ireland to the ECJ for failing to compensate uninsured drivers who were involved in but not responsible for road accidents.

The warning from the European Commission arose after it became aware that Irish legislation excludes the payment of compensation from the MIBI to all uninsured parties involved in a motor accident, even where such a driver is blameless.

A Co Louth-based motorcyclist who was seriously injured following a collision with a vehicle driven by his brother has been refused compensation.

The European Commission has also expressed concern about rules which mean the MIBI can refuse to pay out compensation to passengers who allow themselves to be carried in vehicles which they know to be uninsured.