Posted: August 4th, 2017
Seven personal injury compensation claims against Hertz Rent-a-Car have been upheld following a hearing into an appeal by the car hire company.
The compensation claims against Hertz Rent-a-Car were made following an accident in June 2011, when seven men were injured in a crash between a hired Ford Fiesta and a privately-owned Peugeot 205. The accident happened at a roundabout in Lifford, County Donegal, and – 2015 – the seven injured men were awarded between €5,050 and €9,550 by the Buncrana Circuit Court.
Hertz Rent-a-Car appealed the compensation awards – claiming the injured men were all known to the driver of the hire car and the accident had been set up for the sole purpose of making compensation claims against Hertz Rent-a-Car. The car hire company also alleged the plaintiffs had exaggerated their injuries to maximise the value of their claims.
The appeal was heard in July this year by Mr Justice Charles Meenan at the High Court. At the hearing, the judge was told the allegations of collusion were based on an overheard telephone conversation made by the driver of the hired Ford Fiesta to the driver of the Peugeot 405, in which the negligent driver had addressed the injured driver in friendly tones.
The plaintiffs agreed they knew the driver and each other because of their memberships of the Joseph Plunkett and Charlie D’Arcy Societies, but described the allegations of collusion as outrageous. Judge Meenan said he would reserve his decision until October, but earlier this week upheld the compensation claims against Hertz Rent-a-Car and dismissed the car hire company´s appeal.
Giving his verdict, Judge Meenan said the overheard telephone conversation was insufficient evidence to prove the accident had been set up on purpose and there was no evidence at all to suggest the men’s injuries were fabricated. The judge added: “One would have thought, if the collision was a setup, the information sought in the call would already have been firmly fixed prior to returning the hire car.”
Categories: Car Accident News