A High Court lawsuit against the Motor Insurers Bureau of Ireland (MIBI) lodged by a man claiming injuries from an accident has been rejected. The man in question, John Joyce (45) from The Maples, Flemington, Balrath in County Meath, attempted to sue the operator of the vehicle, Bernard Joyce, its owner, James Joyce (both hailing from Dunsink Lane, Finglas, Dublin), and MIBI over an accident that occurred on the 30th of July, 2015 near the entrance to Clearwater Shopping Centre on Finglas Road, Dublin.
Barely of legal driving age at 16-and-a-half and lacking in insurance, the driver was held accountable by the court as was James Joyce in their absence. However, the case advanced against the MIBI who act as a compensatory body for victims of accidents involving untraced or uninsured drivers. They rejected any responsibility toward the claim.
The case was dismissed against the MIBI on Friday by Ms Justice Denise Brett. Reports from the court suggested that Mr Joyce was rendered unconscious from the accident and had no recollection of the event until waking up in hospital. He also had no memory of the several half-full and empty wine bottles present in the car at the time of the crash, nor of the driver exiting the crashed car to hurriedly get to the nearby Tesco where he began drinking from a newly acquired wine bottle.
Mr Joyce, an unemployed father of three, informed the court that he was drinking at his cousin’s house the night preceding the accident, during which he consumed around 12 bottles of beer supplemented with vodka shots. He recalled eventually ending the spree around 3:00 am, after which he attempted to hail a taxi following a four to five hour sleep. It was during this time that Bernard Joyce pulled up in his car and offered him a partial ride home.
Mr. Joyce claimed to have only slightly known Bernard Joyce through shared membership of the Traveller community and from living previously in Finglas prior to his relocation to Meath. During his cross-examination by Rónán Dolan SC, acting on behalf of the MIBI under the guidance of solicitor Joe MacKenzie, Mr. Joyce denied allegations of having spent time with Bernard in his car from around 3:00 am leading up to the time of the accident at around 8:30 am.
He couldn’t recall the drive or when Bernard dashed into the Tesco supermarket to pick up a wine bottle prior to being apprehended by the police. He was heavily medicated back in 2018 when he gave his statement to the MIBI for the case, saying he was given a lift in a car operated by an unknown individual. He wasn’t aware that Bernard Joyce was 16-and-a-half, making it unlawful for him to operate a motor vehicle, noting that he “appeared perfectly normal” and even “had facial hair.” A police officer testified in court that upon arrest after the accident, Bernard Joyce appeared to be 16 and was clean-shaven. John Joyce had a criminal history comprising of 74 charges related to motor infractions and minor theft, even though he clarified the stolen amounts were minor. Ms Justice Brett, ruling the case, indicated she couldn’t believe Mr. Joyce’s testimony that he was only briefly in the vehicle before the collision occurred. Additionally, she rejected his statements regarding Bernard Joyce’s age and his facial hair. She pointed out that John Joyce should have known, given his own history, the importance of car insurance. She noted there were “excessive discrepancies” in his rendition of the events for the court to accept his explanation of how the accident unfolded. Thus, she dismissed the case and decreed that costs be awarded to MIBI.