[ad_1]
A man who had sued for damages claiming he would suffer chronic injuries for the rest of his life after a roundabout collision had his action dismissed by a Superior Court judge on Friday.
Judge Bernard Barton said that Victor Olaru’s claim was “extremely exaggerated” and found that the collision was “a deliberate event” most likely the result of a settlement between Mr. Olaru and someone else.
The 41-year-old father of four had sued the alleged driver of the other vehicle involved and the Motor Insurers Bureau of Ireland (MIBI).
The alleged driver of the other car could not be located and the case proceeded only against the MIBI.
In dismissing the case, Judge Barton said that Olaru provided evidence that he knew to be false or misleading in a material respect and that, in the particular circumstances of the case, the prosecution of the claim amounted to an abuse of judicial process.
The court determined that, as a matter of probability, Mr. Olaru’s jeep was stopped at the time of the collision and the damage to his jeep did not match his evidence that he was traveling at a speed of 20-30 km / h when the accident occurred. accident.
The judge considered Olaru to be “a totally unreliable witness who gave contradictory, inconsistent, incredible and false evidence, despite his numerous claims to the contrary.”
In January it will be decided who will now pay the costs of the action that lasted several days.
Judge Barton was informed that Mr. Olaru, a native of Moldova and domiciled in Clonsilla, Dublin 15, was currently in Moldova, but that he would return in January for the MIBI to request the expenses.
Mr. Olaru, who had represented himself, had claimed that he sustained damage to his body, including back injuries in the collision between his jeep and another jeep on April 9, 2009 in Clonee, Co Meath.
Judge Barton said at first glance that it was a direct traffic collision at a roundabout where the other driver fled the scene.
But the judge said the circumstances were anything but simple. Olaru said the accident was “an assassination attempt.” And the MIBI said it was “a trap”.
There were circumstances in the case that the judge said “border on strange.”
Olaru initially maintained that he did not know the identity of the other driver, but it later emerged that he had business dealings with the other alleged driver a year earlier. It also had car insurance details for the other drivers. A few days after the accident, the judge said Olaru reported the accident to the other man’s insurer and named him as the other driver.
Olaru said he was knocked unconscious in the accident, but was nevertheless able to give the name of the other alleged driver and give details of the insurance company a few days later.
Judge Barton said he accepted the garda evidence in the case and also the medical notes that referred to a minor head injury, but the loss of consciousness was not mentioned.
The most likely explanation that Mr. Olaru possessed and reported the other man’s insurance details and named him the driver of the other jeep was that the details had been given to Mr. Olaru “as part of an arrangement whose purpose was to make a claim for compensation, ”said the judge.
[ad_2]