Passenger ‘knew car was stolen’

A MAN has lost a bid to make a High Court claim for personal injuries against the Motor Insurers Bureau of Ireland arising out of his involvement in an accident in which he was a passenger in a stolen car.

Wayne Cottrell, aged 32, a carpenter from Knockmark, Drumree, Co Meath, sued the bureau, and the alleged driver of the car, DJ Hearns, of Athlumney Castle, Navan, over the accident on July 20/21, 2002.

Mr Cottrell claimed he was not aware the car was stolen when he accepted a lift from Mr Hearns.

When gardaí came across the overturned Citroen Saxo in a field at Milltown, Ashbourne, they found Mr Cottrell and four other people hiding in shoulder-high wheat, the High Court heard.

Mr Cottrell told the court that he was wearing a seat belt in the car and was unconscious after the crash. He said he had to be lifted out after the accident and his last memories were of the car going into the field and of being put into an ambulance.

Yesterday, Mr Justice Kevin Feeney was asked by the bureau to decide whether Mr Cottrell knew the car was stolen before he got into it and if he did not, he would be entitled to sue the bureau which deals with uninsured or untraced motors involved in accidents.

Mr Justice Feeney ruled that the bureau was entitled to have the claim against it dismissed. Mr Cottrell’s case against Mr Hearns can proceed.

The judge said he was satisfied Mr Cottrell knew the car was stolen and uninsured when he got into it.

In his action for damages, Mr Cottrell claims he had to give up work as a carpenter because he was missing days due to back pain from the accident.