€300k claim against Allianz dropped after judge dismisses passenger's case

Half a dozen people who brought personal injury claims totalling €360,000 against an Allianz-insured driver have seen their cases end in five last-minute refusals and a dismissal.

€300k claim against Allianz dropped after judge dismisses passenger's case

Half a dozen people who brought personal injury claims totalling €360,000 against an Allianz insured driver have seen their cases end in five last minute refusals and a dismissal.

They had each sued Pauline Kavanagh, who had addresses at Clonmore, Ballingar, Tullamore, Co Offaly, Rhyl in Wales and in Manchester, whose car, during a period of residence in Ireland, rear ended another vehicle.

Personal injury claims for €60,000 each had been brought against her and Allianz by Lisa Kavanagh, 31, and Martin Kavanagh, 43, both with addresses in Heyscroft Road, Withington, Manchester, as well as Sinead Kelly, 43, and Patrick Geoghegan, both with addresses at Corballis Demesne, Ashbourne Road, Ratoath, Co Meath, and John Jason McDonagh, 38, of Church View, Tullamore.

The claims by all five were withdrawn prior to the hearing of the sixth claim by Judge Mary O’Malley Costello in the Circuit Civil Court. Judge O’Malley Costello dismissed the sixth claim of Peter O’Connell. 47, Cherry Orchard, Ballyfermot, Dublin 10.

All six had claimed they had been injured in a rear ending accident on the Ashbourne to Dublin Road on September 23, 2014.

Barrister John Martin, who appeared with John Carroll of Crowley Millar Solicitors, for Allianz and Pauline Kavanagh, led a detailed cross-examination of Peter O’Connell about how, where and when the accident had occurred.

Judge O’Malley Costello, dismissing O’Connell’s claim with costs in favour of Allianz Ireland, said he had not been able to recall a lot. He had a number of medical issues which he had not clarified in his evidence about what she described as a minimal impact collision.

The judge said his injuries had not been supported by the medical evidence before the court. No orders were made in the five cases which had earlier been withdrawn.

Following the case in the Circuit Civil Court, Trim, Co Meath, the CEO of Allianz Ireland, Mr Sean McGrath, said he was delighted with the outcome.

He said that last year Allianz had challenged more than 1,500 claimants in the courts and each case the insurance company had won had delivered an average saving of €20,000 per claimant.

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