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Don't bother insuring you car.......

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  • 14-02-2010 12:59pm
    #1
    podge3
    Registered Users Posts: 1,731 ✭✭✭


    I know its terrible about what's happened to the child but this award is just wrong IMHO. From yesterdays Indo:
    IrishIndependent wrote:
    THE High Court has approved a €2.9m settlement in the case of a baby boy who was blinded and severely brain damaged when the car his mother was driving hit a wall.

    Ben McHale, who is now aged four, sued his parents, Disislave and Marcus McHale from Northview, Fethard Road, Clonmel, Co Tipperary, following an accident in April 2006. Ben was four months old at the time.

    Suing through his uncle, William McHale, the action was also against the Motor Insurers Bureau of Ireland, as Mrs McHale was not insured to drive her husband's car. Liability was conceded.

    The court heard the accident occurred on the Clonmel to Kilkenny Road, near Clonmel, when Mrs McHale suffered a blackout. The car glanced off a tree and crashed into a wall.

    Ben suffered a severe head injury and was also blinded.

    The court heard there was a possibility Ben's future brain development may benefit from stem-cell treatment being undertaken in Germany.

    In papers submitted to the court, it was alleged that he was not properly restrained in the back seat of the car.

    Business

    Following the accident, Marcus McHale had to give up his valeting business to help look after his son, along with his wife, the court was told by counsel for the boy.

    The family had also got into difficulties with the mortgage on their home and an order for its repossession was made because they were €35,000 in arrears.

    Mr Justice John Quirke approved the settlement and extended his sympathy to the McHale family.

    Whatever happened to personal responsibility? I own a car, I insure it. I don't drive cars I'm not insured in. I don't know anything about this family and feel sorry for what has happened to them but the mother broke the law. I'm paying for this award as is every other law abiding citizen who insures their motor vehicle.


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    #2
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    podge3 wrote: »
    Whatever happened to personal responsibility? I own a car, I insure it. I don't drive cars I'm not insured in. I don't know anything about this family and feel sorry for what has happened to them but the mother broke the law. I'm paying for this award as is every other law abiding citizen who insures their motor vehicle.
    I know, let the child suffer for he knew the risk he was taking by travelling in an uninsured car without restraining himself into his seat properly! :rolleyes:


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    #3
    Amberjack
    Registered Users Posts: 423 ✭✭Amberjack


    I think this is crazy allright - the mother put the child's life in danger, so should the child not be taken off her and given to someone else, along with the 2.9 m?


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    #4
    ilovelamp2000
    Registered Users Posts: 2,435 ✭✭✭ilovelamp2000


    Very clever this.

    Mother nearly kills her kid then gets a family member to sue her on behalf of the child because she wouldn't be liable to pay anything and the family win a small fortune to look after the child.

    Only in Ireland.


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    #5
    homerhop
    Registered Users Posts: 1,953 ✭✭✭homerhop


    bonerm wrote: »
    it's the taxpayer footing the bill

    Not exactly correct there, every insurance company pays into a slush fund for such claims. So even if you are in an accident with someone who is uninsured there is a fund there to cover you.


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    #6
    Gary ITR
    Closed Accounts Posts: 16,805 ✭✭✭✭Gary ITR


    I would imagine not a cent of this will be paid out until the child turns 18 and I'm sure the child would give it all back just to be able to live a normal life


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    #7
    Mr. Incognito
    Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    Well actually no. The child will never reach the legal age of majority as he is severely mentally handicapped and will never have the legal standing to claim it personally. It will be held on trust for him for life and the trustees will discharge it immediately.

    Anyway, it's a bit of an unusual one alright isn't it.

    Still though, how do you think his mother feels?


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    #8
    Gary ITR
    Closed Accounts Posts: 16,805 ✭✭✭✭Gary ITR


    Mr. Incognito wrote: »

    Still though, how do you think his mother feels?


    Wouldn't imagine she feels that great and I'd say she'd rather it didn't happen and not have the money. We all do stupid things from time to time without realising the consequences, just some people are more stupid than others.


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    #9
    ilovelamp2000
    Registered Users Posts: 2,435 ✭✭✭ilovelamp2000


    Mr. Incognito wrote: »
    Well actually no. The child will never reach the legal age of majority as he is severely mentally handicapped and will never have the legal standing to claim it personally. It will be held on trust for him for life and the trustees will discharge it immediately.

    Anyway, it's a bit of an unusual one alright isn't it.

    Still though, how do you think his mother feels?

    Like she won the Lotto ?


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    #10
    Joey the lips
    Registered Users Posts: 10,262 ✭✭✭✭Joey the lips


    I was talking about this in the pub only yesterday. Was trying to figure how to construct a question without seeming hartless. It deos seem like a jackass situation. I dont insure my self. I crass my car and I effectivly sue the state on my childs behalf.....

    My frinds say its not the childs fault..Yes I agree! My friends say the child needs care yes i agree! but why is his parernts effectivly gaining from there wrong? It baffles me.

    Let me explain it another way. I have a disabled child. The hospital do not know why my child is disabled. The pregnancy was perfect the child was developing but I have a disabled child. Can I sue the state for care? No! Can I sue the doctors insurence? No! Why because the doctor was not neglagent!

    So the way I judge this is this. The state has laws. No insurence no driving! So the state is not neglagent! the driver ignored this! The driver is at fault. So why should I when I am not neglagient pay out for this.

    If I fail to maintain my house I am in breach of my insurence on my home. My insurence does not cover me! If I fail to get insurence on my car the guards will take my car and bring me to court......


    Yes there is an insurence fund that everyone pays into this is obv where it all lies and this is who the parents sued. but to be honest. while I seriously pity the child i think this suitation is backward and I have to agree. paying 2k a year makes a mockery of what i pay.


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    #11
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    Joey the lips wrote: »
    I was talking about this in the pub only yesterday. Was trying to figure how to construct a question without seeming hartless. It deos seem like a jackass situation. I dont insure my self. I crass my car and I effectivly sue the state on my childs behalf.....
    They did not sue the state. The uncle on behalf of the child sued the mother and the MIBI.
    Joey the lips wrote: »
    My frinds say its not the childs fault..Yes I agree! My friends say the child needs care yes i agree! but why is his parernts effectivly gaining from there wrong? It baffles me.
    The fund will be for the childs gain only.
    Joey the lips wrote: »
    Let me explain it another way. I have a disabled child. The hospital do not know why my child is disabled. The pregnancy was perfect the child was developing but I have a disabled child. Can I sue the state for care? No! Can I sue the doctors insurence? No! Why because the doctor was not neglagent!
    Massive flaw in your argument. In this case it is clear why the child is now disabled.
    Joey the lips wrote: »
    So the way I judge this is this. The state has laws. No insurence no driving! So the state is not neglagent! the driver ignored this! The driver is at fault. So why should I when I am not neglagient pay out for this.
    THE STATE IS NOT PAYING OUT HERE!!!
    Joey the lips wrote: »
    Yes there is an insurence fund that everyone pays into this is obv where it all lies and this is who the parents sued. but to be honest. while I seriously pity the child i think this suitation is backward and I have to agree. paying 2k a year makes a mockery of what i pay.
    So you think the child should suffer as a result of this? The child did nothing wrong unless you think he should have strapped his 4 month old body better into his baby chair and made sure the driver had insurance before stepping foot in the car.

    What this boils down to is:
    The child is a victim of an uninsured driver. If the driver had been insured then the child would have gotten a compensation payment regardless that the mother was driving the car insured.

    This is what the MIBI is for.


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    #12
    Joey the lips
    Registered Users Posts: 10,262 ✭✭✭✭Joey the lips


    axer wrote: »
    This is what the MIBI is for.

    Yes it would seem so. That is obvious. However I still do not agree with it. But having said that the child needs all the care going.


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    #13
    PeakOutput
    Registered Users Posts: 7,639 ✭✭✭PeakOutput


    as has been pointed out this has nothing to do with the tax payer

    this is one particular scenario that makes the mibi seem stupid if you get hit by an uninsured car you will be very thankfull for its existence

    also the mibi do everything they can to chase the money from the liable party

    they wont take absolutely everything but if they think they can reclaim a significant portion of the settlement they will chase it down so the mother may be paying for the rest of her life


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    #14
    Gary ITR
    Closed Accounts Posts: 16,805 ✭✭✭✭Gary ITR


    Joey the lips wrote: »
    I was talking about this in the pub only yesterday. Was trying to figure how to construct a question without seeming hartless. It deos seem like a jackass situation. I dont insure my self. I crass my car and I effectivly sue the state on my childs behalf.....

    My frinds say its not the childs fault..Yes I agree! My friends say the child needs care yes i agree! but why is his parernts effectivly gaining from there wrong? It baffles me.

    Let me explain it another way. I have a disabled child. The hospital do not know why my child is disabled. The pregnancy was perfect the child was developing but I have a disabled child. Can I sue the state for care? No! Can I sue the doctors insurence? No! Why because the doctor was not neglagent!

    So the way I judge this is this. The state has laws. No insurence no driving! So the state is not neglagent! the driver ignored this! The driver is at fault. So why should I when I am not neglagient pay out for this.

    If I fail to maintain my house I am in breach of my insurence on my home. My insurence does not cover me! If I fail to get insurence on my car the guards will take my car and bring me to court......


    Yes there is an insurence fund that everyone pays into this is obv where it all lies and this is who the parents sued. but to be honest. while I seriously pity the child i think this suitation is backward and I have to agree. paying 2k a year makes a mockery of what i pay.

    I see you points but look at it this way, I'm crossing the street and I'm mown down by an uninsured driver, I'm entitled to compensation for my injuries. This child id no different, the fact that it was his mother that caused the accident is irrelevant. The child does not deserve to suffer.

    WRT a disabled child being born, there was a case in the last couple of weeks where a mother sued her Doctor for over prescribing anti-depressants while she was pregnant causing her child to be disabled. So it seems if a cause can be defined then people can sue


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    #15
    omahaid
    Closed Accounts Posts: 2,497 ✭✭✭omahaid


    I dont fully understand car insurance tbh. It I don't have insurance, and I get sued and lose, why am I not liable to pay? Should the mother not be made pay along with the MIBI?


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    #16
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    omahaid wrote: »
    I dont fully understand car insurance tbh. It I don't have insurance, and I get sued and lose, why am I not liable to pay? Should the mother not be made pay along with the MIBI?
    Has the parents who had to leave their jobs to care for the child got €2.9m?


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    #17
    PeakOutput
    Registered Users Posts: 7,639 ✭✭✭PeakOutput


    omahaid wrote: »
    I dont fully understand car insurance tbh. It I don't have insurance, and I get sued and lose, why am I not liable to pay? Should the mother not be made pay along with the MIBI?

    what if you earn 100K a year, have a wife and 3 kids, get hit by a stolen car driven by an unemployed homeless guy and you are injured to the extent you cant work anymore ever. there is no mibi, how much money do you think you will get off the unemployed homeless guy?


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    #18
    omahaid
    Closed Accounts Posts: 2,497 ✭✭✭omahaid


    Ah wait, PeakOutput answered my question. The MIBI pursue the money afterwards.


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    #19
    PeakOutput
    Registered Users Posts: 7,639 ✭✭✭PeakOutput


    axer wrote: »
    Has the parents who had to leave their jobs to care for the child got €2.9m?

    no

    and the mibi will chase the offending parties for payment were they can


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    #20
    omahaid
    Closed Accounts Posts: 2,497 ✭✭✭omahaid


    PeakOutput wrote: »
    what if you earn 100K a year, have a wife and 3 kids, get hit by a stolen car driven by an unemployed homeless guy and you are injured to the extent you cant work anymore ever. there is no mibi, how much money do you think you will get off the unemployed homeless guy?

    My question was, if I am hit by a guy earning 100K a year, does the money solely come from the MIBI or does it come part from the rich guy that hit me and the MIBI.


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    #21
    omahaid
    Closed Accounts Posts: 2,497 ✭✭✭omahaid


    axer wrote: »
    Has the parents who had to leave their jobs to care for the child got €2.9m?

    The mother was found liable was she not? Will the MIBI chase after the €2.9 million?


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    #22
    ShooterSF
    Registered Users Posts: 8,824 ✭✭✭ShooterSF


    Ignoring the civil case is there mention of what happened in the criminal case for the mother driving uninsured and neglecting to strap her child in?


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    #23
    Mrmoe
    Registered Users Posts: 2,212 ✭✭✭Mrmoe


    ShooterSF wrote: »
    Ignoring the civil case is there mention of what happened in the criminal case for the mother driving uninsured and neglecting to strap her child in?

    I hope she goes to prison for a long while as she basicly gave her child a life sentence.


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    #24
    Coriolanus
    Registered Users Posts: 4,879 ✭✭✭Coriolanus


    omahaid wrote: »
    My question was, if I am hit by a guy earning 100K a year, does the money solely come from the MIBI or does it come part from the rich guy that hit me and the MIBI.
    The MIBI would be named in the case, and likely the initial payment would come from their coffers. Once the first case was disposed of the MIBI would then take a case against the 100kayear man to recoup as much of the payout as possible. Afaik the courts have the power to place an order on your salary etc, so it might take the MIBI a few years to get the money back, but if you're that rich, they'll sure get it.


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    #25
    blueser
    Registered Users Posts: 10,692 ✭✭✭✭blueser


    homerhop wrote: »
    Not exactly correct there, every insurance company pays into a slush fund for such claims. So even if you are in an accident with someone who is uninsured there is a fund there to cover you.
    And where do you think those insurance companies get that money to pay into that slush fund?


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    #26
    Dudess
    Closed Accounts Posts: 37,214 ✭✭✭✭Dudess


    axer wrote: »
    I know, let the child suffer for he knew the risk he was taking by travelling in an uninsured car without restraining himself into his seat properly! :rolleyes:
    Yes, because that's exactly what the OP said.

    The little boy's mother didn't insure the car - and the Motor Insurers Bureau of Ireland was deemed liable for this (sweet Jesus...) I think that's the personal responsibility the OP is referring to.


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    #27
    PeakOutput
    Registered Users Posts: 7,639 ✭✭✭PeakOutput


    Dudess wrote: »
    and the Motor Insurers Bureau of Ireland was deemed liable for this

    not really, the woman was deemed liable, she was uninsured, the mibi pays and chases her. thats what they are there for and thats why a portion of everyones insurance premium goes to them


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    #28
    m5ex9oqjawdg2i
    Closed Accounts Posts: 11,221 ✭✭✭✭m5ex9oqjawdg2i


    homerhop wrote: »
    Not exactly correct there, every insurance company pays into a slush fund for such claims. So even if you are in an accident with someone who is uninsured there is a fund there to cover you.

    That's not always the case.

    My cousin was hit by an uninsured driver. No injuries involved. The woman was in an SUV and my cousin was in a fiat chiqichento. Insurance company couldn't/wouldn't do anything, my cousin had to pay for the damages herself. Police said they were powerless too. Could give the uninsured woman a warning. Like wtf?

    A while back my brother crashed his lexus, he went to claim and the insurance company wouldn't pay him the worth of the car. They were pitching about 2-3K less than what it was worth.

    Insurance in this country is operated by scum. They want your money, but you will be a long time waiting and will be put off by the long and horrible process of claiming...


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    #29
    Red_Marauder
    Closed Accounts Posts: 1,175 ✭✭✭Red_Marauder


    If my house was being repossessed, and I had a low income, and I screwed up enormously by damaging my child, would I consider sueing myself to provide my four year old kid with as good a future as money could buy him as some sort of recompense for his wasted life?

    Yes.


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    #30
    Coriolanus
    Registered Users Posts: 4,879 ✭✭✭Coriolanus


    Cain Green Symphony wrote: »
    That's not always the case.

    My cousin was hit by an uninsured driver. No injuries involved. The woman was in an SUV and my cousin was in a fiat chiqichento. Insurance company couldn't/wouldn't do anything, my cousin had to pay for the damages herself. Police said they were powerless too. Could give the uninsured woman a warning. Like wtf?
    Afaik, you have to instigate proceedings against the MIBI and the uninsured yourself, via a solicitor that you have retained. Your insurance company and the guards don't have anything to do with the process. (well maybe the guards, if they're called to give statements if they were called to the scene)
    A while back my brother crashed his lexus, he went to claim and the insurance company wouldn't pay him the worth of the car. They were pitching about 2-3K less than what it was worth.
    Depends what he thought it was worth. Again, afaik only, but the worth of the car isn't judged by it's replacement value, since the replacement price included a dealers/individuals profit from the sale. The value is intrinsic to the car itself. Replacement price = Value + Sellers Profit.


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    #31
    citizen_p
    Closed Accounts Posts: 2,494 ✭✭✭citizen_p


    its more fooked up that the uncle thought all this up...."listen kid....you want some money and to get back at mommy and daddy"


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