Crash victims must be compensated, says EU judge

PEOPLE injured while travelling in vans or other vehicles not intended for passengers must be compensated, the Advocate General of the European Court of Justice decided yesterday.

Irish woman Elaine Farrell was refused compensation by the Motor Insurers Bureau of Ireland following an accident in 1996 because the van in which she was travelling was not designed to carry passengers.

Under an existing EU directive, passengers must be compensated in such circumstances, but the directive had not been implemented by Ireland.

Ms Farrell took her case to the High Court, which referred it to the European Court in Luxembourg to clarify if the directive applied also to passengers in vehicles without passenger seats. The court’s Advocate General said yesterday a person must be compensated for personal injuries, even if travelling in a cargo vehicle or one not designed for passengers.

Ms Farrell was sitting on the floor in the back of a van in 1996 when it crashed. The driver, Alan Whitty, wasn’t insured so she was dependent on the Motor Insurers’ Bureau for compensation. They refused her claim. She then took her case against the bureau, the State, the Department of the Environment and the Attorney General.

Ms Farrell will have to wait some months for the court to finally rule on the issue. It will consider the Advocate General Christine Stix-Hackl’s opinion. In 80% of cases, the court agrees with the AG.