Limerick Courthouse, Merchant's Quay
A JUDGE has dismissed a court action seeking to compel an insurance company to pay damages relating to a road collision in County Limerick more than three years ago.
At Limerick District Court, Judge Mary Cashin was told Andrew Nowak of Castlerock Woods, Castleconnell was previously awarded almost €10,000 in damages arising from an incident at Castleconnell Roundabout on May 30, 2016.
Solicitor Andrew D’Arcy said AXA Insurance had not engaged with the Personal Injuries Assessment Board (PIAB) and that it was refusing to pay the damages to his client.
While the Notice of Motion seeking to have the monies paid had been before the court on several occasions, Mr D’Arcy said he was seeking a further adjournment given the contents of an affadavit which was sworn by a representative of AXA.
While the affadavit was not read out in court, barrister Siobhan Gallagher said the insurance company had concerns the accident was “not genuine” and that the affadavit sets out the reasons “as to the basis of its decision”.
Mr D’Arcy said his client refutes the allegations contained in the affadavit and told Judge Cashin that he was not in a position to deal with the case.
“We were not aware they were going to raise what they raised,” he stated submitting he was entitled to seek the disclosure of the evidence which the insurance is relying on.
He added there is a “lacuna in the legislation” as to the proper legal procedure in cases where a PIAB award has not been paid.
Opposing the application for an adjournment, Ms Gallagher said Mr Nowak had been aware of her client’s contention for some time.
After Judge Cashin refused the application, Mr D’Arcy informed the court he was not in a position to proceed and that his client would not be giving evidence.
The Notice of Motion was dismissed and Mr Nowak was ordered to pay the costs of AXA Insurance.