THREE PEOPLE involved in a single-vehicle crash have apologised before the High Court for giving wrong information concerning a collision which resulted in a payout of about €200,000. They have also agreed to compensate the insurance company, AXA.
AXA had brought proceedings against Gillian Weekes, Poulatagle, Gort, Co Galway; Terence Barrett of Dooyork, Geesalla, Ballina, Co Mayo; and his sister Mary Lou Barrett over their conduct in personal injury proceedings brought over an accident on January 29th, 2001. The case was settled on terms including apologies from each of the three.
The case arose from personal injury claims brought after an accident on January 29th, 2001 at Richmond, Clonberne, Ballinasloe, Co Galway in which a car carrying six people, including the three defendants, allegedly hit a wall or other obstacle on the way to a disco. AXA had paid out €200,000 as a result.
Outlining AXA’s case, John Trainor SC said a number of personal injury claims were brought against Gillian Weekes and her father, for whom AXA was the insurer.
Counsel said the three defendants had indicated the driver of the car was the insured Gillian Weekes but early in 2003 Ms Weekes had confessed the driver was Mary Lou Barrett.
Ms Justice Mary Laffoy agreed that judgments granted in all cases should be subject to a stay on execution on terms agreed and listed the proceedings for mention in October.
In a statement on behalf of Ms Weekes and Mr Barrett, both acknowledged they wrongly advised AXA of the true identity of the driver of the car at the time of the accident causing AXA loss and damage.
Both said they sincerely apologised for this, were consenting to orders being made against them and had entered into agreement to compensate AXA.
In a statement, Mary Lou Barrett acknowledged she was the driver of the car and said she acted wrongly in causing AXA serious loss.
Ms Barrett said her failure to own up to the truth up to now had compromised her and aggravated her wrongdoing.
She also sincerely apologised to AXA for the loss and damage it had suffered and consented to the order being made against her in the proceedings.
She entered into an agreement to pay compensation on account of her wrongdoing.