Insurance company obtains control of €80,000 to recoup other payout costs

An insurance company has obtained a High Court order allowing it control of an €80,000 award made to a man so the money can be used to recoup compensation payouts for separate claims against him related to an uninsured driving incident.

Martin Tomescu, Belgard Road, Tallaght, Dublin, was awarded the €80,000 on February 25th last arising out of a crash in 2002 when he was a passenger in a car driven by his father, Safir Bita, against whom the award was made and whose insurer was AXA.

A few days earlier, AXA made settlements totalling €70,000 to three people who were passengers in a car driven by an uninsured Mr Tomescu which was involved in a separate accident in Carlingford, Co Louth, in November 2009.

AXA says the car in that 2009 accident was owned by Mr Tomescu’s father and was taken by his son without permission from the owner. Mr Tomescu claimed another man was driving at the time of the crash.

The settlements for the three passengers in the 2009 incident were against the Motor Insurers Bureau of Ireland (MIBI), which compensates victims of uninsured driving, and against Mr Tomescu.

The MIBI and AXA obtained an order ex parte (one side only represented) from Mr Justice Paul Gilligan appointing a receiver over the separate €80,000 award to Mr Tomescu so it can control the money for fear it will be spent before judgment is obtained against him.

Darragh Lenehan, a solicitor in AXA Legal Services, said in an affidavit the accident in Carlingford occurred when the car hit a wall and ended up on the beach at Greenore.

Two gardaí on mobile patrol came across the scene and saw two females standing on the road in a distressed state while there were four males lying on the ground beside the car, including Mr Tomescu.

A man arrived and told gardaí the crashed car had been involved in a burglary that night at his home in Riverstown, Co Louth, and one of the females at the scene had been inside his house.

Later, Mr Tomescu’s father, who was insured to drive the car, told AXA representatives he had left the vehicle keys on a table in his bedroom and it appeared, while he was asleep, his son Martin took them, Mr Lenehan said.

Mr Tomescu initially maintained a man named “Alex” had been driving the car, that he was a front seat passenger and the five other occupants were seated in the rear of the Ford Mondeo.

Four of the other occupants sued over the incident, naming Mr Tomescu as the driver. Three of the cases were settled while Mr Tomescu, who broke his arm in the accident, did not bring proceedings over it, Mr Lenehan said.

Mr Tomescu also gave evidence he was not the driver when the crash occurred but had driven the car prior to the accident, Mr Lenehan said. Gardaí also recorded him as the driver, he said.

In view of Mr Tomescu’s “evasive behaviour” during the insurer’s investigation, and because of his admission he had taken his father’s car keys without permission, AXA has serious concerns he will dissipate the €80,000, Mr Lenehan said.

The application to appoint a receiver over the monies was brought with only the MIBI and AXA parties represented. The case comes back before the court later this month.