People injured in vehicles not designed to carry passengers should still be able to claim insurance, an EU court opinion said yesterday. The advocate general's opinion, generally followed in the final ruling by the European Court of Justice, found in favour of Elaine Farrell, who was injured in a car accident in 1996.
Ms Farrell was sitting on the floor in the back of a van when the accident happened. As the driver of the van was not insured, she sought compensation from the Motor Insurers' Bureau (MIBI) which settles claims of passengers hurt in accidents involving uninsured vehicles.
MIBI refused Ms Farrell's claim on the grounds that the van was not designed to carry passengers, but Ms Farrell took the matter to the High Court arguing that the State was at fault for not implementing EU laws on compulsory motor insurance correctly.
These EU directives say that the government must ensure any liability for personal injuries to all passengers in a motor vehicle covered by insurance. The ECJ ruling is expected in three to six months.