These proceedings arose as a result of a road traffic which occurred on the 27th January 2008 at Sandyknowes Roundabout, Newtownabbey. The accident circumstances were not in dispute. The Defendant accepted that he had collided with the rear of the Plaintiff’s which was approaching Sandyknowes Roundabout. The Defendant had been travelling in a Ford Transit van. The Plaintiff’s vehicle was at the time being driven by a friend. Very modest damage was caused to the Ford Transit although it was alleged on behalf of the Plaintiff that significant damage had been caused to the rear doors of the 1997 Corsa Combo van.
The Plaintiff submitted a claim for almost £14,000.00 being made up as follows:-
As part of the Plaintiff’s Company’s business they repaired the vehicle and all documentation initially submitted support the Plaintiff’s claim had been invoiced by the Plaintiff Company.
In respect of the claim for vehicle damage a repair estimate was submitted in the sum of £1,562.05. It alleged however on behalf of the Defendant that the maximum worth of the vehicle pre accident was £500.00.
In relation to the claim for vehicle hire the Plaintiff Company had submitted a number of invoices from a second Company who had supposedly hired a vehicle to them between January and November 2008. The Plaintiff claimed that they required a hire vehicle as the vehicle that had been damaged as a result of the accident was used as a courtesy van for customers. The Plaintiff claimed that they had not had the vehicle repaired and thus they were required to store the vehicle until settlement had been agreed with the Defendant’s insurance company.
DVLNI searches had been submitted on behalf of the Defendant that showed that the Plaintiff Company had in fact purchased the hire vehicle 3 months prior to the incident occurring. Therefore a full explanation was required as to why invoices had been submitted by a second Company that proposed to show that this second Company had hired a vehicle owned by the Plaintiff Company to the Plaintiff Company.
This matter was listed for hearing on the 9th March 2010 at Laganside Courthouse. On the morning of hearing the Plaintiff’s representatives invited Her Honour Judge Smyth to enter a Dismiss against the Plaintiff’s case with a full Order for costs in favour of the Defendant.