Migrant in Dublin working as a delivery driver settles damages claim of €60,000 against car driver and MIBI

An Uber delivery cyclist who collided with a car door that was opened into a cycle lane has resolved his €60,000 personal injury claim against a driver and the Motor Insurers Bureau of Ireland (MIBI), reports Breaking News.

Virgilio Almeida Cardoso Neto told the Circuit Civil Court on Monday that he had no opportunity to stop or avoid the accident, which occurred when a parked car’s door was suddenly opened into the cycle lane along Crumlin Road in Dublin.

Neto, who lives in Royston, Kimmage Road West, Kimmage, Dublin, told Judge Terence O’Sullivan that his left hand struck the open door, leading to surgery under general anaesthetic to insert a wire in his fractured left little finger, reports Breaking News.

The 36-year-old food delivery rider brought a lawsuit against motorist Michael Joyce, of Cushinstown, Rathfeigh, Tara, Co Meath, and the MIBI, claiming Joyce had declined to provide his details at the crash site and was later identified via a photo of his licence plate.Represented by barrister Matthew Jolley, with Agnieszka Siwiera Corcoran of Murray Flynn Solicitors, Neto said the car had been partly parked in the cycle lane on a dark December evening in 2018, without hazard or brake lights clearly visible, reports Breaking News.

He alleged that upon getting out of the car, Joyce had said: “Sorry, it was my children,” but had still refused to give his name. Neto photographed the car and later reported the incident to gardaí. He was treated for his injury at St James’s Hospital in Dublin.

During cross-examination, Neto clarified that it was his hand—not his bike’s handlebars—that had made contact with the car. The court also heard that Joyce did have insurance coverage at the time, reports Breaking News.

After Judge O’Sullivan remarked that Neto’s finger injury was entirely consistent with his testimony, legal counsel for both defendants requested a brief adjournment to discuss terms with Neto’s legal team.

Shortly thereafter, Mr Jolley informed the judge that the case had been resolved and could be dismissed by mutual agreement with costs. Judge O’Sullivan struck out the case and awarded costs against both defendants, reports Breaking News.

Tell us your thoughts in the Facebook post and share this with your friends.