Insurer loses claim of fraud over rear-end car accident

AN insurance company has lost a claim of fraud it made in a rear-ending car accident case, with a High Court judge accusing it of ‘leaping to conclusions’.

Aviva Insurance had alleged fraud in a case taken by mother and daughter Breda and Sally Byrne, of Whitemill Road, Wexford.

The defendant in the case, who was insured by Aviva, had spent time in prison and had a history of drug dealing, the court heard.

But Judge Bronagh O’Hanlon said the case had not been properly investigated by the insurer and that she was satisfied it was a genuine accident.

Sally, 59, a cleaner and factory worker, and her mother Breda, 79, had been passengers in a car which was involved in an accident as it drove out of the Lidl car park at Windmill Road, Co. Wexford.

Sally Byrne had told the court that she had accepted a lift from defendant Edward McCormack, of Bishop’s Park, Co. Wexford; a neighbour’s son whom she did not know well.

His car then rear-ended another car, driven by local carpenter Billy Cullenmore. Gardaí were called, and Mr Cullenmore drove the two plaintiffs home in his car, which was later deemed to be a write-off.

Sally Byrne believed McCormack may have been trying to answer his telephone when the accident happened.

Her medical reports showed that Sally Byrne had suffered a whiplash injury to the neck, and a soft tissue injury to her left shoulder.

Ms Byrne told the court she was unaware of McCormack’s criminal conviction, and her mother also said she did not know of any charges having been brought against him.

Breda Byrne said she suffered pain which she attributed to soft tissue injuries and was ‘most upset at any allegation of fraud in relation to this accident’, Judge O’Hanlon noted.

Billy Cullenmore, 53, was called to give evidence on behalf of the two women. Mr Cullenmore stressed that he had not been called as a witness when the case was first heard at circuit court level in March 2017. That was when Aviva first made its claim of fraud, and the plaintiffs lost their case – which they subsequently appealed to the High Court.

Judge O’Hanlon said Mr Cullenmore’s evidence had proved to be crucial. She said Aviva had leapt to conclusions and that both plaintiffs had given credible evidence.

She awarded both plaintiffs €35,000 each plus expenses.