The High Court has ruled that a man who suffered an injury after being struck head-on by a car driven by his former son-in-law is entitled to €35 thousand in compensation.  The MIBI, a body set up to compensate victims of uninsured and untraced driving, had appealed the decision to award damages.  The incident occurred following an argument outside the plaintiff’s home.  It was alleged the driver was intoxicated when he arrived at the plaintiffs’ home demanding to see his son.  He was asked to leave and did so in his car – but allegedly later returned and drove off the road and onto the path straight into the claimant.  As a result of his injuries, the claimant sued both the defendant and the Motor Insurers Bureau of Ireland (MIBI) for damages in Galway Circuit Court.  The MIBI had claimed it had no liability because the uninsured driver had deliberately used the car as a weapon, and the injuries had not been sustained because of negligent driving by the defendant.  Opposing the appeal, the claimant denied that there was any evidence that the defendant had used his car as a weapon.  Even if the court found that it had been driven in such a manner, his lawyers argued, it was still a breach by the defendant of his duty of care that it constituted negligent use of the vehicle.  Ruling on the matter Mr Justice Denis McDonald, dismissed the appeal – but was critical of the manner in which evidence was given by the plaintiff and his wife about the incident.  He noted that their claims that the defendant did not drive deliberately at them, greatly contrasted with evidence and statements given in the aftermath of the incident.  However, when the court considered legislation governing the MIBI and European law on such matters, the judge found the plaintiff is entitled to damages from the bureau.

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