A judge at Dublin´s Circuit Civil Court has ordered insurance company AXA to pay a claimant aggravated damages after the company made allegations of collusion in defence of a claim for rear-end injury compensation.
Mr Justice Matthew Deery imposed the order after the company and their client – Gary Reilly, of Ballyfermot, County Dublin – failed to pursue allegations of collusion against claimant James O’Sullivan, of Clane, County Kildare following a rear-end accident which occurred in Eirhouse in County Dublin in September 2008.
The judge heard how an affidavit had been sworn on behalf of AXA insurance company and Reilly alleging collusion between O´Sullivan and another defendant in the case, but the claim was not pursued in the hearing – prompting Mr Justice Matthew Deery to criticise the manner in which the two defendants had defended the claim.
He ordered the insurance company and Reilly to jointly and severally pay O´Sullivan 3,000 Euros damages for their rear-end accident claim of collusion in addition to the award of 7,750 Euros for whiplash injury which was made against the AXA insurance company.