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The body that compensates victims of uninsured driving will not be liable for any lawsuit against an uninsured driver whose car crashed into a ditch and injured a passenger, the High Court ruled.
Judge Bernard Barton found that the Office of Motor Insurers of Ireland (MIBI), which compensates victims of uninsured and untracked drivers, will avoid liability for any judgment handed down to the passenger, Janvier Tumusabeyezu, originally from Rwanda and who now lives in Dublin.
Festival elevation
That responsibility will be borne by the driver, Daniel Muresan, originally from Romania and now working as a chef in Waterford, instead of MIBI, who was co-defendant with Mr. Muresan in the case brought by Mr. Tumusabeyezu.
The judge was satisfied that Mr. Tumusabeyezu learned that Mr. Muresan had no insurance when they left the “Body & Soul” concert at Ballinlough Castle, Co Westmeath, on June 26, 2017, having both worked there as security officers. The accident occurred near the concert venue when Mr. Muresan lost control of the Mitsubishi Colt car on a bad curve and crashed into a ditch.
Mr. Tumusabeyezu suffered a series of soft tissue injuries, including a perforation of the small intestine, a right shoulder injury and a back injury. Later he underwent surgery for his abdominal injuries.
Mr. Muresan, who bought and sold cars as a side business even though he did not have a driver’s license or insurance, admitted responsibility. He bought the Mitsubishi a couple of months before the accident with the intention of selling it. He had no NCT, no taxes, and no insurance.
Sentence
Mr. Muresan told the court that he had brought Mr. Tumusabeyezu and two of his friends to the concert to provide security. That day, Mr. Muresan had received a call from his mother in Waterford and when he finished, he returned to the car, said a prayer, and blessed himself.
He said this caused a laugh or a giggle from Mr. Tumusabeyezu or one of his friends. Mr. Muresan reacted by saying that he did not see what was so fun, especially since he was taking all the risks on the trip, he did not have a driver’s license, insurance or taxes. Mr. Tumusabeyezu and the other two passengers denied that they were ever told that they were uninsured.
Judge Bernard Barton said there was a complete conflict of evidence in the case.
However, he was convinced that in all the circumstances of the case, and in particular in the evidence of Mr. Muresan in relation to the immediate events after the accident, it was also substantively corroborated by a sergeant from the Garda who arrived at the scene of the accident. .
Belief in decline
He also considered it unlikely that Mr. Muresan would make up a story about how he told them that he did not have insurance.
He said that in a society where religious practice, not to mention belief, is in decline, it is less likely to be a matter of conjecture than saying a prayer and / or blessing oneself in the circumstances described could elicit a reaction of the kind that he counted.
Deal
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Mr. Muresan risked being detained by gardai by traveling to the concert without insurance. This strengthened the likelihood that the comment would be made about the risks rather than being an invention in which Mr. Muresan had no interest.
The court accepted Mr. Muresan’s evidence on this matter and found, in all likelihood, that before leaving for the concert he informed the passengers that he did not have a driver’s license or insurance.
The judge postponed issuing formal orders in the case.
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