Who pays in civil action payout?

salonfire

From http://www.rte.ie/news/2010/0318/noonec.html

Court awards €4.25m to crash victim
Thursday, 18 March 2010 16:11
The High Court has approved a settlement of €4.25m in the case of a 25-year-old woman who was severely injured in a car accident three and a half years ago.

Claire Noone, from Summerhill in Co Meath, needs round-the-clock care after she was thrown from her car in an accident at Enfield in November 2006.

A High Court judge said the law needed to be changed to allow for annual payments in such cases.

AdvertisementMr Justice John Quirke made the remark after the family of Ms Noone expressed concern that the award may not be enough to care for her for the rest of her life.

Mr Justice Quirke said he had been saying for some time that the law - which currently only allows for lump sum payments - should be changed.

He said the law could be changed in the next 12 months but added that he could only apply the law as its stands now and often he did not like it.

Ms Noone, who sued through her mother Anne Noone, took the action against Michael and Margaret Laheen from Menlough, Ballinasloe.

She was thrown from her car after the accident, during which it was alleged that Michael Laheen drove through a red light. Ms Noone's boyfriend died in the accident.

While liability was admitted there was an issue of possible contributory negligence because Ms Noone may not have been wearing a seat belt.

It had been accepted there was a possibility Claire Noone was not wearing a seat belt at the time of the accident but it was contended that she would have been just as seriously injured if she had been wearing one.

The court was told that she suffered severe brain and physical injuries and will require round-the-clock care for the rest of her life.

The settlement figure was based on life expectancy but her family said while this was capped at 63, she could live much longer.

Is it the insurance that will pay out the 4.25 million? (Assuming everyone was insured)
Or is it the person that admits negligence that has to pay out of pocket?

Generally speaking, assuming insurance company pays for medical costs, damage etc, could a driver then be sued for negligence in a civil action and have to pay out of pocket?

Not looking for legal advice here, just curious

PCPhoto

Firstly - the case you posted about was a High Court action....the driver of the other car admitted liability, Ms Noone's BF was killed at the scene and she suffered horrific injuries after being thrown through the windscreen of her car, if anything the gardai would have brought charges of dangerous driving so you would have had a criminal matter, but since it was an accident and sometimes accidents happen they (Gardai/DPP) decided not to take any action.

Secondly - in a civil court action assuming a similar case (car crash) - the defendant pays legal costs and the insurance company pay general damages and special damages (the amount awarded in court and the medical bills)

if the defendant was not insured/identified for a similar car crash - then MIBI pays out (Motor Insurers Bureau of Ireland)

However for other Civil Actions - assault type civil actions, defamation, false imprisonment, etc, then the defendant pays their own legal costs, the costs for the plaintiff and whatever award is given by the court.

(thats my understanding - I could be completely wrong)

thebiglad

PCPhoto wrote: »

Firstly - the case you posted about was a High Court action....the driver of the other car admitted liability, Ms Noone's BF was killed at the scene and she suffered horrific injuries after being thrown through the windscreen of her car, if anything the gardai would have brought charges of dangerous driving so you would have had a criminal matter, but since it was an accident and sometimes accidents happen they (Gardai/DPP) decided not to take any action.

Secondly - in a civil court action assuming a similar case (car crash) - the defendant pays legal costs and the insurance company pay general damages and special damages (the amount awarded in court and the medical bills)

if the defendant was not insured/identified for a similar car crash - then MIBI pays out (Motor Insurers Bureau of Ireland)

However for other Civil Actions - assault type civil actions, defamation, false imprisonment, etc, then the defendant pays their own legal costs, the costs for the plaintiff and whatever award is given by the court.

(thats my understanding - I could be completely wrong)

The Motor Insurer of the responsible party pays 100% of the award and any legal costs for both side.

JHMEG

thebiglad wrote: »

The Motor Insurer of the responsible party pays 100% of the award and any legal costs for both side.

It's not uncommon for the judge not to award costs.

unkel

Ms Noone may not have been wearing a seat belt.

It had been accepted there was a possibility Claire Noone was not wearing a seat belt at the time of the accident

WTF? She obviously wasn't wearing a seat belt.

Drummerboy08

unkel wrote: »

WTF? She obviously wasn't wearing a seat belt.

She was AFAIR.

My girlfriends sister was ina fairly bad accident, and was admitted to the National Rehab Centre in Dun Laoghaire at the same time as Claire. Both suffered fairly horrific injuries.

When Claire was in there, the only thing she could do was blink. She was more or less completely brain dead. It's a fairly horrible sight to see a young woman lying in a hospital ward not being able to do anything.

As well as awarding the family the 4 mil, the driver who ran the red light should have been jailed for life. Killed one person, and more or less killed another because of his stupidity.

mims_lally

Drummerboy08 wrote: »

She was AFAIR.

My girlfriends sister was ina fairly bad accident, and was admitted to the National Rehab Centre in Dun Laoghaire at the same time as Claire. Both suffered fairly horrific injuries.

When Claire was in there, the only thing she could do was blink. She was more or less completely brain dead. It's a fairly horrible sight to see a young woman lying in a hospital ward not being able to do anything.

As well as awarding the family the 4 mil, the driver who ran the red light should have been jailed for life. Killed one person, and more or less killed another because of his stupidity.

ok not backing up the driver who crashed into this couple, but i personaly know him, and yes it is horrible and i feel sorry for everyone who's been involved, but at the end of the day accident's do happen! ok you have to look at it this way have you ever just ran a changing light, cuz most drivers have! just stand at any traffic lights and you will see for yourself! also if it was a member of your family or you that was the driver of that car that crashed into them, how would you feel????