A man has denied claims by an insurer that he colluded with others to “concoct” a road traffic “rear-ending” incident in which he allegedly suffered a back injury.
Anthony Davitt (46), an asphalt contractor, from Ferns, Enniscorthy, Co Wexford, denies claims by Aviva that he made up an incident he alleges occurred near the site of a family member's house, then under construction.
The allegations made by Aviva over the incident, which he claims occurred about 10.30pm on June 23rd, 2010, at Monageer Road, Ferns, were “worse than the injuries”, he told the High Court
His claim is against Patrick Berry and Michael Berry of Lee Heights, Wexford, who, he claims, were respectively the owner and driver of the other car. Mr Davitt claims he was driving his car, in which he was accompanied by a relative, when it was rear ended as a result of the front of the other car colliding with it.
Personal injuries
Arising out of the incident, Mr Davitt claims he suffered personal injuries, including to his back. He claims the defendants were negligent and in breach of their duty of care.
Judgment was previously obtained against the Berrys who are not participating in the High Court case.
Aviva Insurance, the defendants' insurers, previously applied to be joined to the action as a co-defendant. It denies the claims, denies liability and has refused to indemnify the Berrys.
It pleads Mr Davitt did not suffer the personal injuries as claimed, that his claim is fraudulent and has been instituted to unlawfully recover damages from Aviva as insurers of the Berrys. The defendants and Mr Davitt conspired and colluded with each other to maintain the proceedings, it claims.
Aviva’s allegations
Mr Davitt denies Aviva’s allegations against him.
At the opening of the case before Mr Justice Henry Abbott, the judge was told Aviva will be tendering expert evidence, following its examination of the damaged cars, that the incident could not have occurred as claimed.
Mr Davitt told his counsel, Philip Sheahan SC, that he rejected claims he was involved in a conspiracy with others in regard to the incident. He said he had “nothing to gain” from what had happened. He agreed he has made a good recovery from his injuries.
Following the collision, there was a heated exchange with the driver of the other car who incorrectly claimed Mr Davitt did not have his indicator on, Mr Davitt said.
Under cross examination by Johnny Walshe, for Aviva, Mr Davitt said he had returned from America to clear his name over the claims against him.
When told expert evidence would be given that the collision could not have happened as he claimed, he said he “would not know anything about it”. He also said he did not know the people in the other car.
Counsel said the passengers in the other car included a woman with the surname Connors.
Mr Davitt agreed he used the surname Connors on Facebook, as that was his mothers maiden name and agreed he wrote a message of condolence on Facebook following the death of a man related to an occupant of the other car.
When Mr Walshe said Mr Davitt’s car had been sold on, initially to a woman and then to a relative of a person involved in the alleged incident, Mr Davitt said he did not know what happened his car afterwards other than he had got €24,000 from the insurance company.
He did not think it was unusual to visit a construction site at 10.30pm, he said. Gardaí were called following the collision, he added.
The case continues.