Man faces legal costs bill after withdrawing road accident claim

A man who claimed he had been injured when his car was rear-ended is facing a legal costs bill after withdrawing his High Court action.

The claims by Sualius Smaleckas had been denied by the Motor Insurers Bureau of Ireland (MIBI) and James Kelly and it was contended the claim was fraudulent or set up.

The withdrawal of the case came on Wednesday after it was suggested to Mr Smaleckas, originally from Lithuania, his case fell into a pattern where insurance companies had noticed policies are purchased for a small sum of money, an accident happens within a short period afterwards and the policy holder then admits liability.

Kieran Fleck SC, for the MIBI and Mr Kelly, asked Mr Smaleckas if he was aware of such a pattern. Mr Smaleckas said he was not.

Mr Fleck said the person whom Mr Smaleckas said was driving the other car, a Claire Hickey, cannot be traced.

He put to Mr Smaleckas the pattern here was the same as in a number of Circuit Court cases involving others and a female driver which were dismissed.

Mr Smaleckas said he did not know.

Asked did he know Ms Hickey cannot be traced, Mr Smaleckas said he knew that from his solicitor.

A 42-year-old father of two, with an address at Ashbrook Manor, Cavan, he had sued Claire Hickey, with an address at Rathgar Road, Rathmines, Co Dublin and James Kelly, Walkinstown Park, Walkinstown, Dublin, as alleged owner of the car allegedly driven by Ms Hickey, arising from the accident on December 26th 2013.

The case was also against the MIBI because Ms Hickey, the court heard, has not been traced.

At the outset of the case, Mr Justice David Keane was told Ms Hickey had given her details to Mr Smaleckas at the time of the alleged accident.

It was Mr Smaleckas’ case he understood Ms Hickey was insured

The claims were denied by the MIBI and by James Kelly.

Mr Kelly also said he had sold the car allegedly involved in the accident for €300 for parts to a man who represented himself as a car dealer.

Mr Justice Keane was told the defendants’ further contended Mr Smaleckas’ claim was fraudulent or set up.

In evidence, Mr Smaleckas said he had been offered €80 by two Lithuanian men to bring them to Dublin Airport on December 26th, 2013.

He said he had met the men the night before and was near the airport at a stop sign checking if it was safe to proceed, when a car bumped into the back of his.

The driver gave him a piece of paper with her phone number, car registration and insurance policy number, he said. Afterwards, he dropped the two men at the airport and drove back to Cavan.

He later went to hospital and his GP the next day and said he had pain in his neck, back and knee.

He said he was not able to work for four months.

While problems with his neck and back cleared up within weeks, he later had to have surgery on his knee, he said.

His car was a commercial write off, the court was told.

Under cross examination by Mr Fleck, Mr Smaleckas said he had not seen the two men whom he dropped at the airport again. One was called Mantas and the other Aurelius but he did not have their second names, he said.

Mr Smaleckas, a sales assistant at Lidl, said he also worked as a bouncer in a local nightclub and that was where he had met the two men. He agreed he was also involved in an auto parts company.

When the case resumed on Wednesday afternoon, Mr Justice Keane was told Mr Smaleckas was withdrawing his claim. Costs were awarded to the defendants.