A Dublin taxi driver who denied exaggerating his injuries after his car was allegedly rear-ended by another taxi has settled his High Court action on undisclosed terms.
Derek Delaney claimed he suffered pain to his neck and shoulders, and soft tissue injuries to his neck, after his taxi was struck from behind at the holding area for taxis at Dublin Airport on June 27th 2014.
Mr Delaney (60), Connolly Avenue, Inchicore, Dublin, sued the driver of the other taxi, Ibraham Enidunmo, with an address care of Aviva Insurance, Knocknacarra, Galway.
In proceedings before Ms Justice Bronagh O’Hanlon, Mr Delaney claimed the defendant was negligent and in breach of his duty of care towards him.
He claimed the defendant failed to keep an adequate lookout, caused a collision with Mr Delaney’s car, drove in a dangerous manner and failed to have any regard for the safety of other road users.
He claimed he sustained injuries which left him in pain which required treatment, medication and physiotherapy.
The claims were denied and the defendant pleaded there was no collision as claimed.
Mr Delaney told the court, during a visit to his GP 11 days after the accident, he did not mention the pain he suffered in the accident. He was “not one for doctors” and had hoped that the pain would ease over time, he said.
He said it did not recede and after time he was referred to hospital and diagnosed as suffering whiplash to his neck.
He no longer played golf but walks every day, he said.
Under cross-examination by David Nolan SC, with Paul O’Neill BL, for the defendant, Mr Delaney denied exaggerating his claim or that his account of what occurred was “close to fraudulent.”
Mr Delaney accepted, following the accident, he made several phone calls, which were recorded, to the defendant’s insurer, Aviva.
Counsel said the transcript of one call recorded Mr Delaney describing the accident as having occurred when the defendant’s taxi “rolled into the back of me”.
Mr Delaney disagreed with counsel he had “falsified a claim out of frustration with Aviva” as the insurer did not accept a collision had occurred as claimed and was not prepared to pay out.
“That is not true,” he said.
He said he contacted Aviva because he wanted the matter resolved and did not want to claim on his own car insurance as the premium would increase.
He agreed with counsel there were only black and white and no colour photos supporting his claims of a collision.
Counsel said a photo taken by the defendant after the alleged incident displayed no damage to Mr Delaney’s car.
When counsel said doctors reports had described the plaintiff’s condition as being “normal”, Mr Delaney denied the extent of his injuries had been exaggerated.
In response to counsel’s suggestion his symptoms were associated with “old age, which happens to us all,” rather than a collision, he said the injuries he sustained “were not there before” and “my life has been changed by this”.
The fact that other medications on his monthly prescriptions, including medicine for his asthma, had been submitted as part of his claim was due to a “genuine mistake”, he said.
After the conclusion of Mr Delaney’s cross-examination and following a suggestion by the judge, the parties entered into talks.
When the matter resumed on Friday afternoon, Thomas Hogan SC, for Mr Delaney, said the case had settled and, on consent of both parties, could be struck out.