Crash driver drops compensation claim
He drove like a lunatic before accident, court told
A MAN said to have been driving ‘like a lunatic’ before a crash he blamed on a ‘phantom motorist’ has given up his High Court compensation claim.
Andrzej Podlawiak, 47, had claimed to have suffered a long-lasting spinal injury following a crash caused by a car that did not stop at the scene.
The Motor Insurers’ Bureau of Ireland, which compensates victims of uninsured or untraced drivers, contested Mr Podlawiak’s bid for damages.
John Shortt SC, for Mr Podlawiak, yesterday told the High Court his client was withdrawing his case.
Noel McCarthy SC, for the MIBI, said Mr Podlawiak had not claimed for loss of earnings and had not recovered any benefits prior to the hearing. Judge Bronagh O’Hanlon said: ‘Thank you both. I know it was a difficult case for all concerned.’
No mention was made regarding the costs of the case.
Last week, the court had heard how the Polish man said the crash was caused by a driver who was never traced.
He said the other car was coming quickly towards him, at least partly on his side of the old Mullingar to Longford Road, and caused him to lose control of his own Peugeot as he tried to avoid a collision.
Mr Podlawiak said his car hit bushes and spun around through 180 degrees.
But the MIBI claimed he was solely to blame for the crash as was driving ‘like a lunatic’ on the wrong side of the road an at an excessive speed.
During cross-examination, Mr McCarthy SC said there was no ‘phantom car’ and the two occupants of the other car would tell the court they were ‘nearly wiped out’ by Mr Podlawiak’s driving.
He said Mr Podlawiak’s car had been seen almost lifting from the road, such was the speed with which it hit a bump on the tarmac.
‘You came around the corner at such a speed, he [the driver] saw you on his side of the road.
You swerved and you missed him and your car then went behind him and smashed into a wall,’ counsel said. ‘What will you say when they get into the witness box and say your car nearly took them out? That you caused the accident yourself?’
Mr Podlawiak replied: ‘I can only assure you that I was driving very slowly. A passenger in the car was sick and I was driving very slowly.’
Mr McCarthy said Mr Podlawiak never mentioned the ‘phantom car’ to gardaí at the scene. Mr Podlawiak showed in the how court he could not bend his back enough to reach his knees while standing.
But a private detective hired by the MIBI took pictures outside Mr Podlawiak’s home, showing him climbing into his bin to compress his rubbish, and getting into his BMW.
Mr Podlawiak was living in Longford at the time of the accident on May 20, 2012.