MIBI liable for injuries deliberately caused by uninsured driver

Personal injuries – Circuit Appeal – road traffic accident – whether the Motor Insurer’s Bureau of Ireland has any liability – MIBI argued that incident arose not as a consequence of the negligent driving but as a result of assault and battery -
vehicle used as a weapon rather than as a means of transport – MIBI agreement – plaintiff does not accept that the vehicle was used as a weapon – argued that the MIBI bore the responsibility of proving that the vehicle was used as a weapon – Circuit Court found in favour of the plaintiff as against both defendants – first named defendant did not appeal and did not appear in the appeal – findings of fact – whether there was a deliberate attack – assessment of the witnesses – reversed a second time – inconsistent statements – court found that it was a deliberate act – criminal conviction – case made by the MIBI – decisions of the CJEU – UK cases – definition of “negligent” – interpretation of the scheme – relevant statutory provisions – MIBI agreement - the victim of a road traffic accident must be compensated unless the circumstances fall within one of the specific exclusions from cover expressly recognised under the 2009 Directive - nothing to prevent an insurer (or the MIBI for that matter) from seeking indemnity against an insured in cases where the injuries sustained by the victim fell within the terms of a particular exclusion contained in a policy of insurance - distinction between civil liability applicable to road-traffic accidents, on the one hand, and insurance in respect of such civil liability - application of the 2009 Directive to the MIBI - 2009 Directive requires that the injury suffered by a person must be covered by a policy of motor insurance - first named defendant, in his inebriated state, at the moment of impact, had the object of injuring the plaintiff, does not mean that liability for the injury was not required to be covered under a policy of insurance of the kind required by the directive - MIBI is liable in respect of the injury sustained by the plaintiff as a consequence of the driving of an uninsured vehicle – appeal dismissed – assessment of damages - sustained both a physical injury to his left knee and also a psychological injury – damages in respect of the physical injury assessed at €20,500 – damages in respect of psychological injury assessed at €15,000 – no special damages –